State Ex Rel. Gebarski v. Circuit Court for Milwaukee County

The question presented is whether the petitioners are entitled to a jury determination of their present mental condition. We are of the opinion they are entitled to such a determination under the provisions of sec. 971.17 (2), Stats.

The facts are not in dispute in either case. On December 7, 1973, a jury found petitioner, Brian A. Gebarski, not guilty by reason of mental disease or defect of two counts of first-degree murder, one count of second-degree murder, and one count of endangering safety by conduct regardless of life. Immediately thereafter he was committed to the custody of the…