court of appeals decision (1-judge; not for publication); for Trelijah: Shelley Fite, SPD, Madison Appellate Delinquency –Lifted Stay, Secure Detention Trial court’s lifting stay of 4-days’ secure detention “was based on a thorough consideration of the goals of the juvenile justice code, both at the time of disposition and at the time the stay was… Read more
26. Juvenile proceedings
court of appeals decision (1-judge; not for publication); Resp. Br. Delinquency Failure to receive discovery until, but not prior to, plea hearing didn’t render latter a nullity; and, under § 938.01(1), the court must liberally construe the juvenile justice code: “Dakota has presented no reason, nor do we see any reason, why his best interest… 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
court of appeals decision (1-judge; not for publication) Delinquency – Venue Delinquency venue is where the juvenile resides, § 938.185(1)(a), which is where the legal custodian establishes the child’s domicile; legal custodian of Jennifer Z. was Taylor Co. Human Services, therefore she resided in Taylor Co. Ineffective Assistance of Counsel – Eliciting Incriminating Testimony Counsel’s… 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State v. Michael S., 2005 WI 82, reversing unpublished decision For Michael S.: Susan Alesia, SPD, Madison Appellate Issue/Holding: ¶6 Reviewing courts generally decline to decide moot issues but may do so under certain circumstances. [3] A court may decide a moot issue when the issue is of great public importance; occurs frequently and a… 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
