Wisconsin State Public Defender
Brief Bank
COMPETENCY/FITNESS TO STAND TRIAL


State v. Byrge, 97-3217-CR, __ Wis. 2d __ ( )
I. A TRIAL COURT'S DECISION ON COMPETENCY TO PROCEED IS A DECISION OF CONSTITUTIONAL FACT, AND SHOULD BE REVIEWED DE NOVO BY THE APPELLATE COURTS. THE DEFERENTIAL STANDARD OF REVIEW ADOPTED IN STATE V. GARFOOT, 207 WIS. 2D 214, 558 N.W.2D 626 (1997), IS IN ERROR, AND SHOULD BE REVERSED.
II. JERAMEY BYRGE WAS NOT COMPETENT TO ENTER PLEAS OF NO CONTEST TO THE CRIMES IN THIS CASE, NOR TO WITHDRAW HIS ONLY DEFENSE PLEA OF NOT GUILTY BY MENTAL DISEASE OR DEFECT.
   Go To Brief     Court of Appeals Decision     State of Wisconsin - Supreme Court
State v. Byrge, 97-3217-CR, 225 Wis.2d 702 (Ct. App. 1999)
JERAMEY BYRGE WAS NOT COMPETENT TO ENTER NO CONTEST PLEAS NOR TO WITHDRAW HIS NGI PLEAS AT THE TIME OF THOSE PROCEEDINGS.
   Go To Brief     Court of Appeals Decision     State of Wisconsin - Supreme Court


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