State v. A.L., 2016AP880, review of a published court of appeals decision granted 6/11/18; case activity Where a juvenile has been found incompetent to stand trial, Wis. Stat. § 938.30(5)(e)1. says he or she can be later reevaluated–but only if he or she was found likely to regain competence. Nevertheless, the court of appeals, relying on… Read more
B. Delinquency proceedings
This article by Elizabeth Scott, Natashal Duell and Laurence Steinberg is one of the top downloads about criminal law on the SSRN this week. It looks at how a juvenile’s brain development and social environment affects his or her decision to engage in risky behavior and criminal activity. It responds to critics who note that… Read more
There seems to be a debate over this issue. If you practice juvenile law, you might was to weigh in here at the Cyntonia Brown and the “51 to life” project. Attorney Robert Donohoo already has… Read more
State v. A.L., 2017 WI App 72, petition for review granted 6/11/18, affirmed, 2019 WI 20; case activity; review granted 6/11/18 The court of appeals holds that § 938.30(5) permits a juvenile court to order the re-evaluation of competency of a juvenile previously found not competent to proceed even though the juvenile was also found not likely to… Read more
State v. A.O., 2016AP2186, District 1, 8/22/17 (one-judge decision; ineligible for publication); case activity In deciding whether to waive a juvenile into adult court a judge must consider the criteria set out in § 938.18(5). The judge has the discretion to determine how much weight to give to each criterion. J.A.L. v. State, 162 Wis. 2d 940, 960, 471… Read more
State v. D.J.A.R., 2017AP52, District 4, 8/3/17 (one-judge decision; ineligible for publication); case activity After D.J.A.R. was adjudicated delinquent for second degree child sexual assault under § 948.02(2), the circuit court ordered him to register as a sex offender. (¶¶4-6). It relied on § 938.34(15m)(am)1., which requires finding that the juvenile’s conduct was sexually motivated and that registration… Read more
State v. J.J.S., 2016AP1519, 4/25/17, District 3 (1-judge appeal; ineligible for publication); case activity The case appears to be an issue of first impression: Whether §938.34(5)(c), which provides that juveniles under 14 can’t be required to pay more than $250 in restitution, refers to the juvenile’s age when the State filed the delinquency petition or… Read more
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
