Court Error – Abuse of Discretion

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Lance L. Black

Case No.: 2019AP592-CR

Officials: Brash, P.J., Dugan and Donald, JJ.

Focus: Court Error – Abuse of Discretion

Lance L. Black appeals the judgment of conviction, following a jury trial, of one count of being a felon in possession of a firearm and one count of possession of THC, with a dangerous weapon penalty enhancer, as a second or subsequent offense.  On appeal Black contends that the trial court erroneously exercised its discretion by “prejudg[ing]” Black’s competency when it found Black competent to stand trial. Specifically, Black contends that prior to his competency evaluation, the trial court indicated that it was not inclined to delay the trial because of Black’s behavior and therefore had implicitly already decided the issue of Black’s competency. As support for his argument, Black contends that the trial court disregarded Dr. Collins’s testimony, which was the only evidence of Black’s state of mind. Although we acknowledge Black’s concern, we conclude that the trial court did not “prejudge” Black’s competency and properly exercised its discretion. We affirm.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.