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STATE EX REL. GEBARSKI v. MILWAUKEE COUNTY CIR. CT.

No. 76-634-OA.

80 Wis.2d 489 (1977)

259 N.W.2d 531

STATE EX REL. GEBARSKI, Petitioner, v. CIRCUIT COURT FOR MILWAUKEE COUNTY, Respondent. STATE EX REL. SCHWULST, Petitioner, v. CIRCUIT COURT FOR MILWAUKEE COUNTY, Respondent.

Supreme Court of Wisconsin.

Decided November 14, 1977.

Attorney(s) appearing for the Case

For the petitioners there were briefs by Carol W. Medaris, Corrections Legal Services Program, and Peter E. McKeever and William J. Lundstrom of Legal Assistance to Inmates Program, with oral argument by Carol W. Medaris and William J. Lundstrom all of Madison.

For the respondent the cause was argued by Pamela Magee-Heilprin and Edward S. Marion, assistant attorneys general, with whom on the brief were Bronson C. La Follette, attorney general, and Marguerite M. Moeller, assistant attorney general.

Amicus curiae brief was filed by Howard B. Eisenberg, state public defender.

CONNOR T. HANSEN, J.

The question presented is whether the petitioners are entitled to a jury determination of their present mental condition. We are of the opinion they are entitled to such a determination under the provisions of sec. 971.17(2), Stats.

The facts are not in dispute in either case. On December 7, 1973, a jury found petitioner, Brian A. Gebarski, not guilty by reason of mental disease or defect of two counts of first-degree murder, one count...

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