State v. C.G.B., 2017 WI App 32; case activity While the juvenile code gives a judge the authority to dismiss a juvenile delinquency petition and refer the case for a deferred prosecution agreement (DPA) over the district attorney’s objection, State v. Lindsey A.F., 2003 WI 63, 262 Wis. 2d 200, 663 N.W.2d 757, the code… Read more
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State v. Thomas G. St. Peter, 2016AP683-CR, District 1, 4/18/17 (one-judge decision; ineligible for publication); case activity (including briefs) St. Peter is entitled to a new sentencing hearing because the judge violated his due process rights when it relied on inaccurate information to jump the parties’ joint recommendation for time served and impose more jail time. State v… Read more
State v. Kenneth William Jaworski, 2016AP5, District 1, 4/18/17 (not recommended for publication); case activity (including briefs) The state filed a ch. 980 commitment petition against Jaworski shortly before the mandatory release (MR) date the Department of Corrections had calculated for him. But DOC later realized it had miscalculated Jaworski’s MR date, which was actually about two… Read more
Marathon County v. P.X., 2016AP1490, 4/18/17, District 3 (1-judge opinion, ineligible for publication); case activity P.X., who has longstanding diagnoses of autism, obsessive-compulsive disorder, and intellectual disabilities, was the subject of a Chapter 54 guardianship and a Chapter 55 protective placement, when the County sought to extend his Chapter 51 civil commitment. P.X. argues that… Read more
The Marshall Project explores the problem of “drinking while jurying” here. Yes, it really happens… Read more
It’s called Wisconsin Sentencing in the Tough-On-Crime Era: How Judges Retained Power and Mass Incarceration Happened Anyway. Click here for more details about the book and here for a glowing review by the New York Journal of Books. Favorite book jacket quotes include: Serious students of modern sentencing reforms—as well as everyone eager to understand the… Read more
No, not juvenile court. “Young adult” court for 18 to 24 year olds. Several states have them. Because the brains of young adults are still developing, some make dumb decisions. If they get saddled with a felony, they are unlikely to find jobs. You know where that leads. “Young adult” courts aim to stop the pernicious cycle… Read more
A few weeks ago, SCOW issued Universal Processing Services v. Circuit Court for Milwaukee County, a 4-3 decision in which an unusual alignment of justices formed the majority opinion. SCOW watchers wondered: have these 4 justices ever joined forces in a 4-3 decision before? Today’s edition of SCOWstats answers that question and examines 4-3 alignments… Read more
