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
26. Juvenile proceedings
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
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
State v. D.J.A.R., 2017AP52, District 4, 8/3/17 (one-judge decision; ineligible for publication); case activity After D.J.A.R. was adjudicated delinquent for second degree child sexual assault under § 948.02(2), the circuit court ordered him to register as a sex offender. (¶¶4-6). It relied on § 938.34(15m)(am)1., which requires finding that the juvenile’s conduct was sexually motivated and that registration… Read more
State v. Shaun M. Sanders, 2015AP2328-CR, granting review of a published court of appeals decision, 6/13/17, case activity (including briefs Issue (copied from the petition for review): Can a person be criminally responsible for acts he allegedly committed before the age of original juvenile court jurisdiction? A jury convicted Sanders of enticement, incest, and child… Read more
Tamara M. Loertscher v. Eloise Anderson, et al., No. 14-cv-870-jdp (W.D. Wis. April 28, 2017) Under § 48.193, which was created by 1997 Wisconsin Act 292, a juvenile court may treat an unborn child of any gestational age as a child in need of protection or services if the “expectant mother’s habitual lack of self-control in… Read more
State v. J.J.S., 2016AP1519, 4/25/17, District 3 (1-judge appeal; ineligible for publication); case activity The case appears to be an issue of first impression: Whether §938.34(5)(c), which provides that juveniles under 14 can’t be required to pay more than $250 in restitution, refers to the juvenile’s age when the State filed the delinquency petition or… Read more
State v. C.G.B., 2017 WI App 32; case activity While the juvenile code gives a judge the authority to dismiss a juvenile delinquency petition and refer the case for a deferred prosecution agreement (DPA) over the district attorney’s objection, State v. Lindsey A.F., 2003 WI 63, 262 Wis. 2d 200, 663 N.W.2d 757, the code… Read more
