STATE v. FITZGERALD

No. 2018AP1296-CR & 2018AP1214-W.

929 N.W.2d 165 (2019)

2019 WI 69

STATE of Wisconsin, Plaintiff-Respondent, v. Raytrell K. FITZGERALD, Defendant-Appellant. State of Wisconsin ex rel. Raytrell K. Fitzgerald, Petitioner-Petitioner, v. Circuit Court for Milwaukee County and the Honorable Dennis R. Cimpl, presiding, Respondents.

Supreme Court of Wisconsin.

Opinion Filed: June 13, 2019.


Attorney(s) appearing for the Case

For the defendant-appellant in 18AP1296-CR, and petitioner-petitioner in 18AP1214-W, there were briefs filed by Colleen D. Ball , assistant state public defender. There were oral arguments by Colleen D. Ball.

For the plaintiff-respondent, there was a brief filed by Maura FJ Whelan , assistant attorney general, with whom on the brief is Brad D. Schimel , attorney general. There was an oral argument by Maura FJ Whelan.

For the respondents, there was a brief filed by Abigail C.S. Potts , assistant attorney general, with whom on the brief if Brad D. Schimel , attorney general. There was an oral argument by Abigail C.S. Potts.

An amicus curiae brief was filed in 18AP1296-CR on behalf of National Association for Criminal Defense Lawyers, Bazelon Center for Mental Health Law, National Disability Rights Network, and Disability Rights Wisconsin, by Jeffrey O. Davis , James E. Goldschmidt , Zachary T. Eastburn , and Quarles & Brady LLP, Milwaukee.


¶1 These consolidated cases1 concern the standard under which a circuit court may order involuntary medication to restore a defendant's competency to proceed in a criminal case and the timing of the automatic stay of such orders established in State v. Scott, 2018...

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