State Ex Rel. Deisinger v. Treffert

There are two issues on appeal:

1. Is sec. 971.14(5), Stats., constitutionally violative of the petitioner’s due process rights as a person incarcerated as an incompetent to stand trial in that the statute permits custody over the petitioner for a longer period than if the petitioner had been sentenced to the maximum period provided by sec. 947.01 (1), Stats ?

2. Whether the petitioner should receive sentence credit for time spent during pretrial commitment awaiting the petitioner’s competency to stand trial, notwithstanding that the petitioner has not yet been determined competent to stand…