On Point: 4. Competency of defendant

State v. Maurice C. Hall, 2013AP209-CR, District 1, 10/15/13; court of appeals decision (not recommended for publication); case activity

A competency evaluation found Hall competent to proceed, though his mental health history caused Deborah Collins, the examiner, to “urge court officers to remain sensitive in the event of any significant changes in his overall mental status as such a factor may signal decline in his competency and warrant his reexamination.”

Ryan v. Gonzales, USSC No. 10-930; Tibbals v. Carter, USSC No. 11-218, 1/8/13

United States Supreme Court decision, reversing In re Gonzalez, 623 F.3d 1242 (9th Cir. 2010), and reversing and remanding Carter v. Bradshaw, 644 F.3d 329 (6th Cir. 2011)

These two cases present the question whether the incompetence of a state prisoner requires suspension of the prisoner’s federal habeas corpus proceedings.

seventh circuit decision (html) (90-page pdf download: here), granting habeas relief in 904 N.E.2d 1077 (Ill. App. 2009)

A significant decision in several respects – not least, attorney performance – that a summary post cannot hope to capture, save broad highlights. Executive summary: Harris was convicted of killing her 4-year-old son Jaquari, against a defense of accidental death (self-strangulation with an elastic band). The defense had potential,

State v. Marquita R., 2010AP1981, District 1, 12/14/10

court of appeals decision (1-judge, not for publication); for Marquita R.: Carl W. Chesshir

TPR – Default as Sanction

Delay of over two-and-one-half years between petition and fact-finding hearing (despite statutorily mandated schedule of 45-day limit, § 48.422(2)), caused by Marquita R.’s “egregious” and “bath faith” conduct, intended to disrupt the TPR process, supported the trial court’s decision to find her in default as a sanction.Nor did the default ruling violate due process,

7th circuit decision; on appeal after remand, Eric D. Holmes v. Buss, 506 F.3d 576 (7th Cir 2007)

Competency of Petitioner, While Pursuing Habeas Relief

Given that petitioner is clearly incompetent (“He is deeply confused, obsessed, and delusional”) court orders habeas proceeding suspended until state shows his condition sufficiently improved.

This is a death penalty case, and the decision in the prior appeal indicated that it had “found no noncapital case in which such a claim (petitioner’s incompetency,

court of appeals decision (1-judge; not for publication); Susan E. Alesia, Madison Appellate

Competency
Circuit court erred in not granting request for competency hearing, based on some jibberjabber about the PD and cost; plus circuit court wrong to limit competency hearing to those few cases where person “doesn’t have a clue what’s going on.”

(Snark: who bears costs when the court doesn’t have a clue what’s going on?) Trial counsel,

Go: here.

State v. Ronald D. Luttrell, 2008 WI App 93
For Luttrell: Steven Prifogle, SPD, Milwaukee Trial

Issue: Whether a ch. 980 SVP respondent is entitled to § 971.14 competency evaluation.

Holding:

¶8        It is true, of course, that both Wis. Stat. § 971.13 and Wis. Stat. § 971.14 once applied to Wis. Stat. ch. 980 commitments, see Smith,

State v. Keith M. Carey , 2004 WI App 83, PFR filed 4/22/04
For Carey: Paul LaZotte, SPD, Madison Appellate

Issue/Holding:

¶10. Pursuant to Wis. Stat. § 971.14(5)(a), if the court finds that a defendant is not competent, but is likely to become competent, it may commit the defendant to the custody of the department of health and family services for a period of time not to exceed twelve months or the maximum sentence for the most serious offense with which the defendant is charged,

State v. Jeffrey J. Meeks, 2003 WI 104, overruling State v. Jeffrey J. Meeks,
For Meeks: Christopher T. Van Wagner

Issue: Whether the trial court, in ruling on competency, improperly relied on its perceptions of the defendant’s attorney in a prior case, in stressing that that attorney hadn’t raised competency.

Holding:

¶1     …