Court Error – Failure to Follow Mandatory Procedure

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WI Supreme Court

Case Name: State of Wisconsin v. Andre L. Scott

Case No.: 2018 WI 74

Focus: Court Error – Failure to Follow Mandatory Procedure

This is an appeal from an order of the Circuit Court for Milwaukee County, Jeffrey A. Kremers, Judge. The circuit court ordered Andre Scott, the defendant, to be involuntarily medicated to competency for purposes of participating in postconviction proceedings after the circuit court found that he was not competent to proceed with his postconviction motion for relief and was not competent to refuse medication and treatment.

The defendant petitioned this court to bypass the court of appeals and decide his appeal of the circuit court order requiring involuntary medication. This court granted the petition, bypassing the court of appeals. We reverse the order of the circuit court and remand the cause to the circuit court for proceedings consistent with this opinion. We conclude, as the State urges, that because the circuit court did not follow the mandatory procedure set forth in Debra A.E., the circuit court’s order that the defendant be involuntarily medicated to competency for purposes of assisting with postconviction proceedings was issued prematurely and is invalid. Accordingly, we reverse the order of the circuit court and remand the cause to the circuit court for further proceedings consistent with this opinion.

Reversed and Remanded

Concur:

Dissent:

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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.