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State v. Byrge, 97-3217-CR, __ Wis. 2d __ ( )
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I.
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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.
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II.
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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.
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Go To Brief
   
Court of Appeals Decision
   
State of Wisconsin - Supreme Court
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State v. Byrge, 97-3217-CR, 225 Wis.2d 702 (Ct. App. 1999)
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JERAMEY BYRGE WAS NOT COMPETENT TO ENTER NO CONTEST PLEAS NOR TO WITHDRAW HIS
NGI PLEAS AT THE TIME OF THOSE PROCEEDINGS.
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Go To Brief
   
Court of Appeals Decision
   
State of Wisconsin - Supreme Court
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