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02-2246-CR State v. Cooper

By: dmc-admin//May 20, 2003//

02-2246-CR State v. Cooper

By: dmc-admin//May 20, 2003//

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Michael Cooper appeals from a judgment convicting him, over pleas of not guilty by reason of mental disease or defect (NGI), of a fifth offense of operating a motor vehicle while intoxicated (OWI), a second offense of operating after revocation (OAR), and disorderly conduct. Cooper also appeals from an order denying his postconviction motion for a new trial, claiming that the trial court failed to adequately consider his competency to stand trial, that he was denied a fair trial due to memory problems, and that he was denied effective assistance of counsel in several respects. We affirm on the competency and fair trial issues and conclude that most of the errors trial counsel is alleged to have committed were nonprejudicial. However, we are persuaded that trial counsel’s failure to obtain Cooper’s medical records and present them to the court-appointed psychiatrist who evaluated Cooper may have allowed the jury to be misled on the question of whether Cooper suffered from a mental defect.

Therefore, we reverse and remand for retrial solely on the NGI issue.

This opinion will not be published.

Dist IV, Vernon County, Rosborough, J., Per Curiam

Attorneys:

For Appellant: Dennis Schertz, Hudson

For Respondent: Philip C. Stittleburg, La Farge; William C. Wolford, Madison

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