State v. Smith

2014 WI App 98, 855 N.W.2d 422, 357 Wis. 2d 582, 2014 Wisc. App. LEXIS 740
CourtCourt of Appeals of Wisconsin
DecidedSeptember 16, 2014
DocketNo. 2013AP1228-CR
StatusPublished
Cited by4 cases

This text of 2014 WI App 98 (State v. Smith) is published on Counsel Stack Legal Research, covering Court of Appeals of Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Smith, 2014 WI App 98, 855 N.W.2d 422, 357 Wis. 2d 582, 2014 Wisc. App. LEXIS 740 (Wis. Ct. App. 2014).

Opinion

KESSLER, J.

¶ 1. Jimmie Lee Smith appeals the judgment of conviction, following a jury trial, of one count of second-degree sexual assault. Smith also appeals the order denying his postconviction motion for relief. Specifically, Smith contends that the postconviction court erred when, at the conclusion of a postconviction competency hearing, it found that Smith was competent at the time of trial and sentencing. We conclude that the record, including the postconviction testimony of two mental health experts that Smith was incompetent at trial and sentencing, establishes a reason to doubt his competence at trial and sentencing. Consequently, we vacate the conviction and remand for a new trial.

BACKGROUND

¶ 2. In October 2009, a jury found Smith guilty of one count of second-degree sexual assault. In December 2009, Smith was sentenced to forty years' imprisonment, consisting of twenty-five years of initial confinement and fifteen years of extended supervision.1 At the sentencing hearing, Smith made a rambling statement to the sentencing court, which the court found irrelevant and nearly impossible to follow. Smith's statement, which we can only best describe as bizarre, bordering on incoherent, was as follows:

Today I want to say in court that I have been through a lot in my life. I help peoples and I got - -1 got this. I bail peoples out of jail, I got this. I let peoples stay in my house, I got this. I let peoples eat at my house, I got this.
[586]*586Today [the victim], I don't know what she lookin' for out of me and why is she cornin' to court like this? What it is that she want from me? She in love with me or something? Sayin' that she haven't took a shower since this happened to her? What is wrong with her? I let bygones be bygones. Peoples done throw salt on me every day, every day out there on the street. Peoples took money from me at the court sale, at the courthouse. But I let it ride, they wouldn't even give it back. I let it go.
I sit up North, did time behind bailin' this girl, [Y.C.], out of jail in Chicago, Illinois for child neglect, because I went to court the day that she was - - she was in court, and I went and bailed her out of jail. And then I hear all of this about me? And she supposed to have been back in court. She never go back. She never go back for her - - for - - to get her bail back. But I'm the one who had to sign her bail as being right to this day.
I am very, very sorry that I even helped this lady. But these ladies are sayin' things like this about me. And she ain't white like her, the lady that - - that I bailed out of jail, she's black. And her daughter, I looked out for them when they was starvin' to death, livin' out on the street corner. I'm out here tryin' to make a living every day at my job workin', lost my job behind all of that, feedin' them, lettin' them stay in the house, ended up getting' in trouble with my landlord by buyin' air-conditionin' and things without asking his permission, could I have it in my apartment with the rent and - - and included with the lights.
And this is the thanks I get out of it? 12 years like I murdered someone out there on the street? I sat in there 12 years for bailin' her out of jail. I didn't see all these troubles until I bailed her out of jail. Helped her and her family.
And then my brothers, them too, I even brought them to my house and helped them. When I lived with [587]*587them, they couldn't even pay the light bill. Wouldn't even pay the light bill. The landlord was lettin' them work off his job to pay the rent. And told him to switch the lights in his name. He didn't even do it.
So by me handin' over parts of my Quest card, because I never gained footage after being locked up after bailing [Y.C.] out of jail for being convicted of child neglect, for $200 I had to put my name to that, and now she's on the run and I get all of this out of that? She never - - She ain't - - wouldn't go back to court because I just see her last year. She worked at the same company as I did, I see her there on the 27th and National. She there.
And then this other lady back in - - [L.E.W], she don't even know her name. She callin' me every day. I'm over by my - - my - - my livin' relatives after I got out of jail, never gained footage, never got a job, never got back to my feet. I know nobody in this courtroom don't care.
And - - And at that one time I didn't care about my $40 that I gave away to the courthouse, I gave away $40 for a marriage license fee and I couldn't even get it back from the courts. And this happened before all of this stuff about hailin' [Y.C.] out of jail. And the courts seemed like this is all my fault? This is not all my fault.
I also talked to [L.E.W], I sent her a letter last year. And then [Y.C.], I went back to her house after I got out of jail and she still wasn't workin' out right. And then we - - I ended up getting' shot behind all this. I got a bullet hole through my body and laid up at Froedtert Hospital for almost six months out there fightin' for my life because of these people that hates on me.
I can prove it to you that I got the shot, it is right here in my stomach. I got shot, laid up almost 90 days, I was fightin' for my life at Froedtert because I bailed her out.

[588]*588¶ 3. Smith's defense counsel interrupted the allocution and tried, unsuccessfully, to focus Smith on the present case.

[Defense counsel]: Excuse me, your Honor. (Brief discussion off the record.)
[Smith]: It's got to be out there. I need to put this out there on the table.
[The Court]: Well, we're going to have to put an end to this because none of this really has a whole lot to do - -
[Smith]: I know it don't have a whole lot, but, here, I didn't set up in jail and then I got out and then I couldn' even stay on my money, and then I get on SSI and stay on it for like four or five checks and then they cut it off. I get these lawyers $2,300 to represent me. They - - I still ain't on for all of this pain and sufferin' that I'm goin' through for not lookin' out for my life after I got my finger injured by my family work helpin' this guy getting' on the job there. And he didn't even have the decency enough to say I will invite you out to dinner for lookin' out for me. He didn't even have the decency to do that for me.
And then [L.E.W], she come over to my house, I got the settlement from the - - from the gunshot, I buy a car, I take her down there to see her family, she want to run both of us off the highway, kill us both.

¶ 4. The court unsuccessfully warned Smith to "get to the point":

[The Court]: All right. Well, Mr. Smith, none of this really has anything to do with - -
[Smith]: But this has got a lot to do with this case.
[The Court]: It really doesn't. So we're going to cut it off if you are not going to get to the point.
[589]*589[Smith]: The point is, if you want to hear what my goal are, my goal is to get out of here to get back to work and to get my Social Security. That's it.

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Related

State v. Jimmie Lee Smith
2016 WI 23 (Wisconsin Supreme Court, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
2014 WI App 98, 855 N.W.2d 422, 357 Wis. 2d 582, 2014 Wisc. App. LEXIS 740, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-smith-wisctapp-2014.