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Court Error – Competency

By: Derek Hawkins//April 13, 2016//

Court Error – Competency

By: Derek Hawkins//April 13, 2016//

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WI Supreme Court

Case Name: State of Wisconsin v. Jimmie Lee Smith

Case No.: 2013AP1228-CR

Focus: Court Error – Competency

Court of appeals improperly weighed evidence gathered as to competency.

“We conclude that the decision of the court of appeals is grounded in an improper weighing of evidence. The postconviction court was not required to accept the testimony of experts. Byrge, 237 Wis. 2d 197, ¶48 (“Elaborate psychiatric evaluations sometimes introduce a clinical diagnosis that may not speak to competency to proceed.”). Rather than rubberstamping experts’ retrospective evaluations, the postconviction court weighed evidence and ultimately was convinced by Attorney Sargent’s testimony. See Medina v. California, 505 U.S. 437, 450 (1992) (“[D]efense counsel will often have the best-informed view of the defendant’s ability to participate in his defense.”)”

CONCURRED: ZIEGLER, J. concurs

DISSENTED: ABRAHAMSON, J., joined by BRADLEY, A. W., J. dissent

NOT PARTICIPATING: BRADLEY, R. G., J. did not participate

Reversed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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