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STATE v. DANIEL

No. 2012AP2692-CR.

847 N.W.2d 855 (2014)

2014 WI App 46

STATE of Wisconsin, Plaintiff-Respondent, v. Roddee W. DANIEL, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed April 9, 2014.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Anthony J. Jurek of Law Office of Anthony J. Jurek, Madison.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Marguerite M. Moeller , assistant attorney general, and J.B. Van Hollen, attorney general.

Before NEUBAUER, P.J., REILLY and GUNDRUM, JJ.

REILLY, J.

¶ 1 This appeal addresses the burden of proof when the competency of a criminal defendant is raised in a postconviction proceeding. Roddee Daniel, a diagnosed schizophrenic, was sentenced to life in prison. Daniel's postconviction counsel questioned Daniel's ability to understand his WIS. STAT. § 809.30 (2011-12)1 appellate rights and also questioned Daniel's ability to effectively communicate with counsel. Daniel...

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