01-0851 State v. Langenbach

By: dmc-admin//September 4, 2001//

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This is so because: (1) any effort by the State to compel a defendant to testify against his will at his sentencing hearing clearly contravenes the Fifth Amendment and there is a possibility that defendant could be sentenced in this matter if the jury finds him mentally responsible; (2) there is always the potential for a plea withdrawal; and (3) a defendant may reasonably fear incrimination while an appeal is pending.

Accordingly, the trial court correctly denied the State’s motion to call defendant as an adverse witness at the mental responsibility stage of his bifurcated trial. Defendant’s Fifth Amendment privilege against compelled testimonial self-incrimination continues through the mental responsibility stage of his criminal trial.

Affirmed.

Recommended for publication in the official reports.

Dist II, Kenosha County, Wilk, J., Snyder, J.

Attorneys:

For Appellant: Robert J. Jambois, Kenosha; Sally L. Wellman, Madison

For Respondent: Patrick M. Donnelly, Madison

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