Ineffective Assistance of Counsel-Competency

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. Michele M. Ford

Case No.: 2022AP000187-CR

Officials: Dugan, J.

Focus: Ineffective Assistance of Counsel-Competency

Ford was arrested on May 21, 2021, and on June 29, 2021, she was charged with disorderly conduct, with use of a dangerous weapon, for a disturbance at her apartment complex during which multiple witnesses stated that Ford stole a package, began yelling profanities, threw a potted plant, and threatened to kill another tenant with a knife. Ford appeals from orders of the circuit court finding that she was incompetent to proceed in the criminal cases filed against her. On appeal, Ford argues that she received ineffective assistance of counsel when trial counsel participated in a competency evaluation and spoke to the evaluator about counsel’s impressions of Ford’s mental state. Upon review, the appeals court agrees, and proposed that the appropriate remedy is a nunc pro tunc competency hearing where Ford’s competency is evaluated without the benefit of trial counsel’s opinions, perceptions, and impressions of Ford’s mental competency.

Reversed and remanded.

Decided 10/31/23

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