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