Criminal Procedure — NGI

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — NGI

Erick O. Magett appeals a judgment of conviction on the ground that the circuit court denied him the right to present a defense of not guilty by reason of mental disease or defect (NGI). Magett pled not guilty and NGI to a battery by a prisoner charge. An NGI trial is a bifurcated proceeding, consisting of a guilt phase followed by a mental responsibility phase. After the first phase of the trial, the jury found Magett guilty of battery by a prisoner. The court inquired into what additional evidence Magett would present in the second phase of the trial, and Magett made an offer of proof. After Magett made his offer of proof, the court refused to proceed to the mental responsibility phase on the ground that no reasonable jury could find in Magett’s favor based on the evidence that Magett would have presented during the second phase of the trial. We do not reach the issue of whether the court erred in refusing to hold the second phase of the trial because we conclude that any error was harmless. Therefore, we affirm. Not recommended for publication in the official reports.

2010AP1639-CR State v. Magett

Dist IV, Grant County, Curry, J., Higginbotham, J.

Attorneys: For Appellant: Hinkel, Andrew, Madison; For Respondent: Pozorski, Anthony J., Lancaster; Pray, Eileen W., Madison