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J. D. B. v. Wisconsin

IFP petition · Supreme Court of Wisconsin, No. 2023AP715-CR · judgment February 25, 2026


Pending

Question presented

In Sell v. United States, 539 U.S. 166 (2003), this Court established four factors that courts must address before they may order incompetent defendants to be forcibly medicated with the goal of restoring competency. The first is whether an important government interest is at stake, including whether special circumstances lessen that interest. The other three are whether involuntary medication will significantly further the government’s interest in prosecution and a fair trial, whether involuntary medication is necessary to further that interest, and whether involuntary medication is medically appropriate. Id. at 180. The Questions Presented are: I. What special circumstances are courts to consider in determining whether the government’s interest in prosecution is undermined to the point that forced medication is unconstitutional? II. What are the minimum requirements for treatment plans submitted in support of an order for involuntary medication to restore competency in a criminal case?

Counsel of record

For petitioner
Lucas William Swank
Wisconsin State Public Defenders

For respondent
Kara Lynn Janson
Wisconsin Department of Justice

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Aug 19 2026
    Reply of petitioner J. D. B. filed. (Distributed)
  2. Jul 30 2026
    DISTRIBUTED for Conference of 9/28/2026.
  3. Jul 14 2026
    Brief of respondent Wisconsin in opposition filed.
  4. Jun 15 2026
    Response Requested. (Due July 15, 2026)
  5. Jun 10 2026
    DISTRIBUTED for Conference of 6/25/2026.
  6. Jun 03 2026
    Waiver of right of respondent Wisconsin to respond filed.
  7. May 22 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 1, 2026)