On Point: 4. Competency of defendant

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 Michael J. Hager v. Marten, 226 Wis.2d 687, 594 N.W.2d 791 (1999), affirming unpublished decision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,

State v. Leo E. Wanta, 224 Wis.2d 679, 592 N.W.2d 645 (Ct. App. 1999)
For Wanta: James M. Shellow

HOLDING: Wanta argues that Wis. Stat. § 971.14(4)(b) is unconstitutional, because it requires proof of incompetence by clear and convincing evidence when the defendant claims that s/he is competent (vs. proof of competency by mere greater weight of evidence when the defendant claims incompetence). The court construes the challenge to be one of equal protection.

State v. Michael W. Farrell, 226 Wis.2d 447, 595 N.W.2d 64 (Ct. App. 1999)
For Farrell: Kevin M. Schram

Holding: Finding of incompetency subsequent to plea proceeding is a factor to consider but in and of itself neither creates doubt as to prior competency nor requires retrospective competency hearing.