State v. Carl Morgan, 2009AP74-CR, District III, 7/20/10 court of appeals decision (3-judge, not recommended for publication); for Morgan: Ralph Sczygelski; BiC; Resp.; Reply Sufficiency of Evidence Review Review of a denied motion for dismissal at the close of the prosecutor’s case-in-chief is waived where the defendant proceeds to put in a defense. All the… Read more
26. Juvenile proceedings
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
State v. Justin H., No. 2009AP2935, District III, 6/29/10 court of appeals decision (1-judge; not for publication); for Justin H.: Leonard D. Kachinsky ¶9 However, even assuming Justin properly preserved a due process argument, we reject it.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court of appeals decision (1-judge; not for publication); for Trelijah: Shelley Fite, SPD, Madison Appellate Delinquency –Lifted Stay, Secure Detention Trial court’s lifting stay of 4-days’ secure detention “was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
court of appeals decision (1-judge; not for publication); Resp.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court of appeals decision (1-judge; not for publication) Delinquency – Venue Delinquency venue is where the juvenile resides, § 938.185(1)(a), which is where the legal custodian establishes the child’s domicile;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
