On Point blog, page 1 of 1
COA: Circuit court properly held trial despite concerns about defendant’s competence
State v. Lance L. Black, 2019AP592, 3/3/20, District 1 (not recommended for publication); case activity (including briefs)
Black’s first trial ended in a hung jury. When the state said it would try him again, he made a fuss–swearing and pounding on a table. At his second trial, Black again erupted (twice), was removed from the courtroom, and refused to return. His counsel requested a competency evaluation, which the court permitted, though with apparent reluctance. After the examiner found Black incompetent, the court disagreed with her, finding him competent and continuing the trial to (guilty) verdicts.
Court may order reexamination of juvenile found not likely to become competent to proceed
State v. A.L., 2017 WI App 72, petition for review granted 6/11/18, affirmed, 2019 WI 20; case activity; review granted 6/11/18
The court of appeals holds that § 938.30(5) permits a juvenile court to order the re-evaluation of competency of a juvenile previously found not competent to proceed even though the juvenile was also found not likely to regain competence within the relevant statutory time frame (12 months, or the maximum criminal sentence for the offense, whichever is less).
Court of Appeals: Second eval after first found defendant incompetent OK
State v. Matthew Allen Lilek, 2014AP784-CR, 10/4/16, District 1 (not recommended for publication); case activity (including briefs)
Lilek’s trial counsel raised his competency to stand trial and the court-appointed expert found him incompetent and unlikely to become so. The state, dissatisfied with that result, requested another evaluation, and the court obliged. This new evaluation reached the opposite conclusion, and Lilek was eventually found competent. Is this OK?
Competency – Time Limits for Exam, In- vs. Out-Patient
State ex rel. Michael J. Hager v. Marten, 226 Wis.2d 687, 594 N.W.2d 791 (1999), affirming unpublished decision
For Hager, Gerhardt F. Getzin, SPD, Wausau
Issue: Whether the § 971.14(2) time limit, requiring completion of competency exam w/in 15 days “of the arrival of the defendant at the inpatient facility,” was violated.
Holding: Resolution turns on whether the court specifically ordered an inpatient exam. No written order was entered,