State v. X.S., 2021AP419, 7/20/21, District 1 (one-judge decision; ineligible for publication); case activity Xander (a pseudonym) shot several people in a well-known incident at the Mayfair Mall in Wauwatosa. The juvenile court concluded that it was the right forum for the case and denied the state’s motion to waive the matter into adult criminal… Read more
2. Waiver and reverse waiver
Court of appeals reverses discretionary juvenile non-waiver in a way that seems pretty discretionary
State v. M.C., 2021AP301, District 2, 8/11/21 (one-judge decsion; ineligible for publication); case activity The circuit court erroneously exercised its discretion in deciding to waive M.C. into adult court on a sexual assault charge, so the waiver is reversed and the case remanded for the circuit court to exercise its discretion properly. Section 938.18(5)(c) provides… Read more
State v. T.G., 2021AP351, 6/23/21, District 2 (1-judge opinion, ineligible for publication); case activity The State filed a delinquency petition against T.G., then 15, for stealing a car and causing an accident that left two passengers seriously injured. The State also petitioned for waiver of jurisdiction. Reviewing the petition de novo, the court of appeals… Read more
State v. S.E.M.T., 2019AP1004, 12/19/19, District 4 (1-judge opinion, ineligible for publication); case activity S.E.M.T., who is cognitively disabled, was accused of committing sexual assault and armed robbery (brandishing a stick) at age 16. The circuit court didn’t erroneously exercise its discretion when it waived him into adult court. The record for this case is confidential… Read more
State v. Matthew Hinkle, 2019 WI 96, 11/12/19, affirming a published court of appeals decision, 2017AP1416, case activity (including briefs) We’ve posted on this case twice before, first on the published court of appeals decision and then on the supreme court’s grant of the petition for review. The question is easily posed: the statute says… Read more
State v. T.J.B., 2018AP2449, 5/22/19, District 2 (one-judge decision; ineligible for publication); case activity T.J.B. was charged as a juvenile with various drug and gun charges; he’d sold a little less than a pound of weed and was in possession of two handguns. (¶¶5-8). The State sought waiver into adult court. Whether to waive a… Read more
State v. Matthew C. Hinkle, 2017AP1416-CR, petition for review granted 4/9/19; affirmed 11/12/19; case activity (including briefs) Issue: Once a juvenile has been waived into adult court by one circuit court, must the juvenile always be subject to adult court jurisdiction in any other cases? When Hinkle was 16 years old he was charged as a… 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
