On Point blog, page 2 of 2
SCOW takes up ch. 51 adjournments and circuit court competency (again)
Walworth County v. M.R.M., 2022AP140-FT, certification granted 9/14/22, reversed, 2023 WI 59; case activity
Issues (from the COA certification):
1. Does the Wisconsin Supreme Court’s decision in Waukesha County v. E.J.W., 2021 WI 85, ¶38, 399 Wis. 2d 471, 966 N.W.2d 590, apply retroactively or only prospectively?
2. In a ch. 51 case involving a petition to extend a commitment order, is circuit court competency determined from the expiration of the earlier commitment order or from the expiration of the extension order, even where the extension order is determined on appeal to be invalid?
SCOW will address evidence required for involuntary med orders under Sell and 971.14
State v. Wilson P. Anderson, 2020AP819-CR, petition for review of an unpublished court of appeals opinion granted 9/14/22; case activity (including briefs)
Issues:
1. Whether Sell v. United States, 539 U.S. 166 (2003) requires the State to submit a treatment plan in support of its motion for involuntary medication to restore a defendant’s competency to proceed in a criminal case.
2. Whether Sell requires the State to offer the opinion of a medical doctor (rather than a psychologist) to satisfy the second, third, and fourth Sell factors.