State v. B.M.T.

Summary

The Wisconsin Court of Appeals, District II, affirmed involuntary medication orders entered in six criminal cases involving B.M.T., who was found incompetent to stand trial and diagnosed with schizoaffective disorder. Applying Sell v. United States, the court held that the totality of the alleged criminal conduct supported an important governmental interest in prosecution, that potential future civil commitment or NGI proceedings did not diminish that interest, and that the treatment plan was sufficiently individualized. The decision is identified as a per curiam opinion dated November 21, 2025.

Holdings

1. A court may consider the totality of the alleged criminal conduct, including the nature, scope, and aggregate criminal exposure from serious crimes coupled with other allegedly felonious conduct, when determining whether the State has an important interest in bringing an incompetent defendant to trial.
2. Under the facts presented, the possibility of a future commitment under WIS. STAT. ch. 51 or one or more commitments following NGI verdicts was too uncertain and speculative to diminish the State's important interest in prosecuting B.M.T.
3. The treatment plan satisfied Sell's due process requirements because it was sufficiently individualized and based on a medically informed record.

Questions Presented

1. Whether the State demonstrated an important governmental interest under the first Sell factor when the defendant faced two conceded serious crimes and other felony and misdemeanor charges, while possible future civil commitments or NGI commitments might otherwise diminish the interest in prosecution.
2. Whether the proposed involuntary medication treatment plan was sufficiently individualized and medically informed to satisfy the second and fourth Sell factors and due process.
3. What standard of appellate review applies to a Sell determination.

Disposition

affirmed