State v. Smith

Giles Smith appeals an order denying his request to stay his ch. 980, Stats., 1 trial while incompetent. 2 The circuit court determined that Smith was incompetent and was not likely to become compe tent, but ordered that he nonetheless proceed with his ch. 980 trial. The question before this court is whether a person found incompetent and unlikely to become competent can be tried under ch. 980. We hold that the legislature, by according to persons tried under ch. 980 all of the constitutional rights available to a defendant in a criminal proceeding, thereby intended to include the right to be…