State of Wisconsin s18

STATE OF WISCONSIN CIRCUIT COURT ______COUNTY

STATE OF WISCONSIN,

Plaintiff,

v. Case No. ______

______,

Defendant.

DEFENDANT’S MOTION FOR COMPETENCY EVALUATION

The defendant, ______, by undersigned counsel, moves the court for a determination of his competency to seek postconviction relief pursuant to State v. Debra A. E., 188 Wis. 2d 111, 523 N.W.2d 727 (1994). The following is alleged in support of this motion: 1. On ______, 20___, the defendant was convicted of ______. The ______County Circuit Court, the Honorable ______presiding, sentenced the defendant to ______. 2. The defendant filed a timely notice of intent to pursue postconviction relief, after which undersigned counsel was appointed to represent [him/her] on appeal. Counsel has reviewed the court file and transcripts and has spoken with the defendant. As a result of counsel’s contacts with the defendant, counsel has a good faith doubt regarding the defendant’s ability to assist counsel in postconviction matters and make postconviction-related “decisions committed by law to the defendant with a reasonable degree of rational understanding.” Debra A. E., 188 Wis. 2d at 126. 3. Under Debra A.E., if the circuit court “determines that a reason to doubt a defendant’s competency exists, it shall, as an exercise of its discretion, determine the method for evaluating a defendant’s competency, considering the facts before it and the goals of a competency ruling.” 188 Wis. 2d at 131-32. The court “may order an examination of the defendant by a person with specialized knowledge.” Id. at 132. An examination would be appropriate in this case.

FOR THE REASONS STATED, counsel asks this court to order an examination of the defendant. Counsel further asks that the order require the examiner to specifically address the defendant’s ability to assist postconviction counsel and to make postconviction decisions committed by law to the defendant with a reasonable degree of rational understanding.

Dated this day of , 20 . Respectfully submitted,

[Attorney’s name] State Bar No. ______

[Attorney’s address] [Attorney’s phone number] cc: [Opposing counsel]

[Defendant]