Criminal Procedure – NGI — prima facie case

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Wisconsin Court of Appeals

Criminal

Criminal Procedure – NGI — prima facie case

Mary Froust appeals from a judgment of conviction for first-degree reckless injury for stabbing an acquaintance who sexually assaulted her. Froust pled not guilty and not guilty by reason of mental disease or defect to first-degree attempted intentional homicide and was convicted by a jury of first-degree reckless injury at the guilt phase of the proceedings. At the responsibility phase of the bifurcated trial, the trial court directed a verdict in favor of the State after Froust presented her case-in-chief, finding that Froust did not make a prima facie showing that she lacked substantial capacity either to appreciate the wrongfulness of her conduct or to conform her conduct to the requirements of the law. Froust appeals the trial court’s directed verdict. We affirm. This opinion will not be published.

2013AP747-CR State v. Froust

Dist II, Fond du Lac County, Wirtz, J., Per Curiam

Attorneys: For Appellant: Morgan, Andrew H., Sheboygan; For Respondent: Tarver, Sandra L., Madison; Toney, Eric, Fond du Lac