On Point blog, page 2 of 2
SCOW establishes how to appeal “involuntary treatment to competency” orders; orders lower courts to automatically stay involuntary med orders
State v. Andre L. Scott, 2018 WI 74, 6/20/18, reversing a circuit court order on bypass, case activity (including briefs).
Ruling 7-0 for the defendant, SCOW reversed a circuit court order requiring involuntary treatment to competency for postconviction proceedings because the circuit court failed to follow State v. Debra A.E., 188 Wis. 2d 111, 523 N.W.2d 727 (1994). It also established a process for appealing an order finding a defendant incompetent and requiring involuntary treatment to competency. And–very importantly–it held that lower courts must automatically stay involuntary medication orders pending appeal. Note that aspects of this decision apply to pre-trial and trial competency proceedings as well as postconviction competency proceedings.