State v. Matthew C. Hinkle, 2018 WI App 67, petition for review granted 4/9/19; affirmed 11/12/19; case activity (including briefs) Hinkle, a 16-year-old boy, was charged as a juvenile in two different counties for a car theft and police chase. In Milwaukee County, the juvenile court waived him into adult court. So, did the Fond du Lac court have… Read more
26. Juvenile proceedings
State v. J.P., 2017AP1905, District 1, 9/5/18 (one-judge decision; ineligible for publication); case activity J.P. was adjudicated delinquent for calling in two bomb scares to his high school. The court of appeals rejects his claims that the police lacked probable cause to arrest him and unlawfully searched his phone and that his confession was involuntary… Read more
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
State v. Shaun M. Sanders, 2018 WI 51, 5/18/18, affirming a published court of appeals decision, 2017 WI App 22, case activity (including briefs) The state can criminally punish a person for something he or she did as a small child. Sanders was tried on four counts relating to sexual acts with his sister, two years his junior, over… Read more
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
Waukesha County DHHS v. T.C.S., 2016AP1000 & 1001, 9/13/17, District 2 (one-judge decision; ineligible for publication); case activity This is a case type we rarely come across–an appeal of a guardianship arising out of a CHIPS case. (See generally Wis. Stat. § 48.977.) The circuit court awarded custody of the child at issue to his… Read more
