State v. Corey Kleser, 2010 WI 88, affirming in part, reversing in part, 2009 WI App 43; for Kleser: Devon M. Lee, SPD, Madison Appellate; BiC; Resp.; Reply Reverse Waiver, §§ 938.183(1), 970.032(1) & (2) – Generally ¶69 Nothing in § 970.032(2) places a limitation on the evidence at a reverse waiver hearing so long as the… Read more
B. Delinquency proceedings
State v. Justin H., No. 2009AP2935, District III, 6/29/10 court of appeals decision (1-judge; not for publication); for Justin H.: Leonard D. Kachinsky ¶9 However, even assuming Justin properly preserved a due process argument, we reject it. Due process principles require that a juvenile against whom a delinquency petition has been filed be given “notice… Read more
court of appeals decision (1-judge; ineligible for publication) Delinquency Petition – Time Limit Time limit for filing petition continues running during gap between date intake worker requests petition and date request actually filed with DA’s office, therefore this petition untimely; on remand trial court is to determine “proper remedy,” which may be dismissal, but not… Read more
State v. Corey Kleser, 2009 WI App 43, PFR filed 4/9/09 For Kleser: Robin E. Dorman, SPD Milwaukee Trial; Debra Flynn-Parrino, Devon M. Lee, SPD, Milwaukee Juvenile Issue/Holding: ¶46 Wisconsin Stat. § 970.032(2) makes no provision for the admission of hearsay at a reverse waiver hearing. Where a statute does not specifically authorize hearsay, it is generally… Read more
State v. Andrew J.K., 2006 WI App 126 For Andrew J.K.: George M. Tauscheck Issue/Holding: Where a juvenile, in response to a State’s motion to lift a stay on corrections commitment, stipulated to placement in a local program, his subsequent termination from that program subjected him to a lifting of the stay notwithstanding that the… Read more
State of Wisconsin ex rel. Mateo D.O. v. Circuit Court, 2005 WI App 85 For Mateo D.O.: Colleen Bradley, SPD, Oshkosh Trial Issue/Holding: The chief judge has authority to review denial of a substitution request in a delinquency proceeding, under §§ 938.29(1)(m) and 801.58(2). (Because § 801.58(2) is the more specific provision, it “applies when the… Read more
