Tina B. v. Richard H., 2014 WI App 123; case activity The circuit court lost competency to decide a guardianship proceeding under § 54.34 because it failed to decide the case within the statutory time limit, but the circuit court’s decisions in a related guardianship proceeding under § 48.977 are affirmed. Elizabeth H. is in a… Read more
26. Juvenile proceedings
State v. Jermaine C., 2014AP467, District 1, 10/21/14 (1-judge decision; ineligible for publication); case activity The circuit court’s decision at Jermaine’s disposition hearing to stay the sex offender registration requirement wasn’t a permanent stay of the requirement under § 938.34(16) and State v. Cesar G., 2004 WI 61, 272 Wis. 2d 22, 682 N.W.2d 1… Read more
State v. Joel I.-N., 2014 WI App 119; case activity The unrecorded statement Joel I.N., a juvenile, gave to the police was admissible despite the fact the police failed to record the statement as required by §§ 983.195(2)(b) and 938.31(3)(b) because “exigent public safety circumstances” rendered recording his statement infeasible under § 938.31(3)(c)5. Joel also knowingly, intelligently, and voluntarily… Read more
State v. Eugene P., 2014AP361, 2014AP362 & 2014AP363, District 1, 9/3/14 (1-judge; ineligible for publication); case activity: 2014AP361; 2014AP362; 2014AP363 Allowing a doctor to testify at a CHIPS trial that the children’s injuries were the result of abuse was harmless because there was overwhelming evidence to support the jury’s verdict. The state filed CHIPS petitions alleging Eugene’s three children were in… Read more
State v. Cortez Lorenzo Toliver, 2014 WI 85, 7/23/14, affirming an unpublished per curiam court of appeals decision; majority opinion by Justice Prosser; case activity When a juvenile is charged with a crime that gives the criminal court exclusive original jurisdiction, § 970.032(1) expressly requires the judge conducting the preliminary hearing to find probable cause for the specific felony that gives the… Read more
Review of a published court of appeals decision; case activity Issues (composed by On Point) Whether a juvenile “refused to respond or cooperate” during a portion of a custodial interrogation if it was going to be recorded, such that § 938.31(3)(c)1. allowed the interrogating officers to turn off the recording device. Whether an error in failing to… Read more
Renee B. v. Dane County DHS, 2013AP2273, District 4, 4/10/14; court of appeals decision (1-judge; ineligible for publication); case activity A circuit court’s decision to give grandparents notices of CHIPS hearings under the ch. 48 summons statute, § 48.27(2), doesn’t mean the grandparents have the right to intervene in the proceeding. While David S. v. Laura S., 179… Read more
State v. Kadeem R., 2013AP2769, District 2, 4/2/14; court of appeals decision (1-judge; ineligible for publication); case activity The juvenile court didn’t erroneously exercise its discretion under § 938.18 when it waived jurisdiction over a 16-year-old with no prior juvenile history for being an accomplice to an attempted nonviolent burglary. (¶¶2-5). There was no issue as to… Read more
