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13. Due Process 2018-19 Term 4. Competency for Trial, Appeal 44. WI Supreme Court B. Opinions C. Burden of proof D. Evidence Important Posts O. Substantive due process Uncategorized

Defense win! SCOW declares 971.14’s treatment to competency provisions unconstitutional

State v. Fitzgerald, 2018AP1296-CR, 2019 WI 69, 6/13/19 case activity Sell v. United States, 539 U.S. 166 (2003) held that a mentally ill  defendant has a constitutional right to avoid unwanted antipsychotic medication. The State can force it on him to restore his competency for trial only by proving the 4 “Sell factors.” Fitzgerald holds that §971.14 […]
Source: WI Public Defenders – On Point
Defense win! SCOW declares 971.14’s treatment to competency provisions unconstitutional