Criminal Procedure – competency — right to counsel

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Wisconsin Court of Appeals

Criminal

Criminal Procedure – competency — right to counsel

Jared Molner appeals a judgment of conviction for robbery and receiving stolen property, and an order denying his post-conviction motion for a competency examination under Wis. Stat. § 971.14. The current criminal proceedings were initiated against Molner when he was found incompetent by federal authorities and released from custody. Molner generally refused to speak to the court or his attorney and displayed other bizarre behavior, and a doctor who examined Molner shortly before trial opined in a post-conviction report procured by the defense that he was not competent during the proceedings.

Without ordering a competency examination, the court declared Molner to be playing a game by which he sought a tactical advantage.

A court must order a competency examination when there is “reason to doubt a defendant’s competency to proceed.” Wis. Stat. § 971.14(1r)(a). Because we conclude there was reason to doubt Molner’s competency as a matter of law, we reverse the post-conviction order and remand for the circuit court to determine whether a meaningful nunc pro tunc inquiry can be made regarding Molner’s competency to understand and assist in the proceedings against him. If the court determines a meaningful inquiry can be made, it must order a competency examination and hold a hearing. If a meaningful inquiry cannot be made, the court shall vacate the judgment of conviction and order a new trial. This opinion shall not be published.

2013AP820-CR State v. Molner

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

Attorneys: For Appellant: Leeper, David, Madison; For Respondent: Balistreri, Thomas J., Madison; Gaskell, Timothy J., Viroqua