Court Error – Abuse of Discretion

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WI Court of Appeals – District I

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

Case No.: 2019AP623-CR

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

Focus: Court Error – Abuse of Discretion

Andre L. Scott appeals the judgment convicting him, following a jury trial, of two counts of battery, disorderly conduct, and kidnapping. He also appeals the postconviction order denying him relief regarding his competency at trial and at sentencing.

Scott argues that the trial court violated his Fourteenth Amendment right to procedural due process by failing to conduct a competency hearing sua sponte during the trial and at sentencing because the record of those proceedings shows reason to doubt Scott’s competence during those proceedings.

A court must order a competency exam when there is “reason to doubt a defendant’s competency to proceed.” WIS. STAT. § 971.14(1r)(a) (2017- 18). We conclude that the trial court did not erroneously exercise its discretion in finding that there was no reason to doubt Scott’s competency at trial; however, we conclude that it did erroneously exercise its discretion in finding that there was no reason to doubt Scott’s competency at sentencing and, therefore, the trial court was obligated to order a competency examination prior to proceeding to sentencing. Accordingly, we reverse that portion of the postconviction order regarding Scott’s competency at sentencing and remand the matter for the trial court to determine whether there can be a meaningful retrospective competency hearing regarding Scott’s competency at the sentencing. If a meaningful hearing cannot be conducted, the trial court shall vacate the sentence and proceed with a new sentencing hearing. We affirm the postconviction order regarding Scott’s competency at trial.

Derek A Hawkins is Associate Corporate Counsel, IP at Amazon.