State Supreme Court upholds competency standard in homicide

By: Associated Press//April 29, 2015//

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MADISON, Wis. (AP) — The state Supreme Court says prosecutors must prove a Kenosha man convicted of bludgeoning a woman when he was 15 is competent to proceed with an appeal.

Roddee Daniel was convicted in 2010 of helping kill Capri Walker with a baseball bat during a burglary.

Daniel’s attorney, Anthony Jurek, argued Daniel isn’t competent to proceed on appeal in hopes of getting a guardian appointed who could assist with appellate strategy.

Circuit Judge Wilbur Warren III ruled Jurek failed to prove incompetency. The Supreme Court ruled Wednesday that the state must prove competency if the defense alleges incompetency. The court said that standard applies if Jurek continues to pursue the issue.

Jurek said the ruling clarifies state law and he’ll speak with Daniel about their next move.

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