Involuntary Administration of Medication

By: WISCONSIN LAW JOURNAL STAFF//June 12, 2023//

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WI Court of Supreme Court

Case Name: State of Wisconsin v. Wilson P. Anderson

Case No.: 2020AP000819-CR

Officials:

Focus: Involuntary Administration of Medication

Anderson petitioned for review of a court of appeals decision, State v. Anderson, No. 2020AP819-CR, unpublished slip op. (Wis. Ct. App. Mar. 16, 2021), that affirmed the circuit court’s order authorizing the involuntary administration of medication to restore Anderson’s competency. In its briefing and arguments to this court, the State conceded that “it failed to meet its burden under Sell” at Anderson’s competency hearing, and the circuit court had therefore erred when it ordered involuntary medication. See Sell v. United States, 539 U.S. 166 (2003). Accordingly, the supreme court summarily reverses the decision of the court of appeals, and remand the cause to the circuit court with instructions to vacate the involuntary medication order.

Reversed and cause remanded

Decided 06/02/23

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