On Point blog, page 4 of 4
NGI — Conditional Release Trial — Jury Instruction on Medical Justification / Substantive Due Process
State v. Alan Adin Randall, 222 Wis. 2d 53, 586 N.W.2d 318 (Ct. App. 1998)
For Randall: Waring Fincke
Issue/Holding:
Randall proposed to ask the jury, “Is there any medical justification for the Petitioner’s continued confinement at the Winnebago Mental Health Institute or any other in-patient mental health facility?” The trial court, holding that the State did not have to prove a therapeutic justification, refused to submit the requested instruction.
NGI — Conditional Release Trial — Sufficiency of Evidence on Dangerousness
State v. Alan Adin Randall, 222 Wis. 2d 53, 586 N.W.2d 318 (Ct. App. 1998)
For Randall: Waring Fincke
Issue/Holding: Evidence was sufficient to support the jury’s verdict that Randall not be released, based largely on the cicrcumstances of his crime.