State v. Weber

433 N.W.2d 583, 146 Wis. 2d 817, 1988 Wisc. App. LEXIS 878
CourtCourt of Appeals of Wisconsin
DecidedOctober 19, 1988
DocketNo. 85-2261-CR
StatusPublished
Cited by17 cases

This text of 433 N.W.2d 583 (State v. Weber) 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. Weber, 433 N.W.2d 583, 146 Wis. 2d 817, 1988 Wisc. App. LEXIS 878 (Wis. Ct. App. 1988).

Opinion

BROWN, P.J.

When we first decided this case, we were obligated to follow the court of appeals’ decision in State v. Koput, 134 Wis. 2d 195, 396 N.W.2d 773 (Ct. App. 1986), rev’d, 142 Wis. 2d 370, 418 N.W.2d 804 (1988). In that case, the court of appeals held that when prejudicial error has been found in the mental responsibility phase of a bifurcated criminal trial, there must be a new trial on the guilt phase as well. The court of appeals read the law as requiring one continuous trial. After our initial decision in this instant case, the supreme court reversed the court of appeals in State v. Koput, 142 Wis. 2d 370, 418 N.W.2d 804 (1988), holding that where the error is only in the [820]*820responsibility phase, there is no reason for retrial of the guilt phase. Subsequently, the supreme court accepted the state’s petition for review of this case, summarily vacated our decision, and remanded the matter to us for further consideration in light of its opinion in Koput.

On remand, Weber argues that this case is distinguishable from Koput. In Koput, the defendant claimed error in the mental responsibility phase. Weber reads the supreme court’s decision to say that when a defendant claims error only as to the second phase of a bifurcated trial, then it would be an unjustifiable "windfall” to afford that person a new trial on the first phase when the defendant has never claimed to have had a problem with the first phase.

Weber argues, however, that except for the narrow holding in Koput, the law still requires one continuous jury trial on both phases; and when the defendant’s claim is that this right has been withheld, then this claim for relief is different than an assertion of error in the second phase of a bifurcated trial.

Weber points to the facts in his case as being indicative of the kind of situation where the right to a continuous jury trial is the focus of debate rather than error in phase two of a bifurcated trial. In his case, he asked for a trial on the guilt phase and the mental responsibility phase. For some reason, the trial court never afforded him the second phase of his trial after the jury came back with a guilty verdict on the first phase. The trial court either erroneously believed that Weber had not properly preserved his plea of not guilty by reason of mental disease or defect or it simply neglected to afford him the second phase. In any event, there never was a trial on the second phase. Weber argues that the trial court prevented him from [821]*821having his continuous trial before one jury; he claims that he is not arguing that an error occurred in the second phase as did Koput.1

Weber asserts that he would not be receiving the "windfall” that the supreme court was concerned about avoiding in Koput — a new trial altogether when only an error in the second phase is claimed. Weber cites the following for the proposition that when the narrow concern of the supreme court in Koput is not present, then a single continuous trial is warranted. The Koput court stated:

That is not to say that a sequential trial before a single jury is not usually appropriate. In the interests of judicial administration, time and resources will be conserved by initially using a single jury sequentially.

Id. at 398-99, 418 N.W.2d at 816. Weber concludes that he is still clearly entitled to one complete bifurcated trial when the peculiar fact situation as found in Koput is not present.2

We read Weber’s interpretation of the supreme court’s decision in Koput as a kind of estoppel theory — if a defendant claims error on only one part of a bifurcated trial, then he or she is estopped to have a new trial on both parts. We disagree, however, that an estoppel idea was the message that the supreme court is sending. Rather, the supreme court’s message is [822]*822that if there is no prejudicial error in the first phase, it would be contrary to good use of judicial time and resources to have a new trial on that phase. Thus, it is not whether the defendant claims error in the second phase such that the claim estops him or her from gratuitously receiving a new trial on the first, but whether the remand is necessary to correct a prejudicial error in the first phase as well as phase two which is the supreme court’s focus. This much was made clear in Koput, when the court wrote:

We conclude ... in the exercise of our supervisory authority over courts, that, where the error is only in the responsibility phase of the bifurcated trial, there is no reason whatsoever for concluding that there should be a retrial of the error-free guilty determination.

Id. at 374, 418 N.W.2d at 806 (emphasis added).

We determine that whether the defendant is limiting his claim to one involving an error in phase two or whether the claim is that he did not get the one continuous jury trial that he expected to receive, the windfall would be the same — if the first phase was completed without prejudicial error, then it would be a windfall to have that first phase tried anew. This is what the supreme court meant for Wisconsin courts to avoid, and that is the holding by which we are bound.

The state has conceded error in the trial court’s mishandling of the second phase of Weber’s trial. We agree. We reverse and remand but with directions that the trial on remand be limited to a phase-two proceeding.

Weber argues that he is nonetheless entitled to a new trial because he was never afforded a competency [823]*823hearing prior to trial even though he requested one. He claims that there was "reason to doubt” his competency prior to trial. He therefore claims that since he was not afforded a hearing, his ability to assist in his own defense was never assessed and that the only adequate remedy is a new trial on the guilt phase as well as the insanity phase. We disagree, for we find that the record reveals no evidence sufficient to raise bona fide doubts as to Weber’s competency to proceed.3

One who lacks mental capacity to understand the nature and object of the proceedings against him, to consult with counsel, and to assist in his own defense may not be subjected to a trial. Drope v. Missouri, 420 U.S. 162, 171 (1975). Competency proceedings must be initiated whenever there is reason to doubt a defendant’s competency to proceed. Sec. 971.14(l)(a), Stats. However, extensive hearings and psychiatric examinations are not prerequisites to every case. State v. McKnight, 65 Wis. 2d 582, 595, 223 N.W.2d 550, 557 (1974). Before competency proceedings are required, evidence giving rise to a reason to doubt competency must be presented to the trial court. Id. Whether there is evidence giving rise to a reason to doubt competency is a question left to the sound discretion of the trial court. See id. at 596, 223 N.W.2d at 557.

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Bluebook (online)
433 N.W.2d 583, 146 Wis. 2d 817, 1988 Wisc. App. LEXIS 878, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-weber-wisctapp-1988.