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2. Waiver and reverse waiver

Waiver of juvenile to adult court affirmed

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

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Juvenile waiver decision upheld

State v. T.L.J., 2016AP1395, District 2, 3/8/2017 (one-judge decision; ineligible for publication); case activity The circuit court did not erroneously exercise its discretion in granting the state’s petition to waive T.L.J. into adult court to face charges of armed robbery and operating a motor vehicle without owner’s consent. As to the juvenile court’s exercise of… Read More

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Order waiving juvenile into adult court affirmed

State v. T.T.H., 2016AP1553-1554-CR, District 1, 2/21/17 (1-judge decision, ineligible for publication); case activity T.T.H., aged 16,  challenged a circuit court decision waiving his case into adult court on the grounds that: (1) the record did not show that the circuit court gave “paramount consideration” to the juvenile’s best interests, and (2) the circuit court… Read More

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State v. C.M., 2016AP1321, 1/18/17, District 2 (one-judge decision; ineligible for publication); case activity After charging J.M. in juvenile court with crimes ranging from child sexual assault to disorderly conduct, the State sought to waive J.M. into adult court by arguing that Lincoln Hills was not an appropriate place for C.M. because, according to the recent news reports… Read More

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State v. T.D.M., 2015AP2289, 4/20/16, District 2, (1-judge opinion; ineligible for publication); case activity T.D.M. was charged with burglary and theft, as party to a crime, and obstructing an officer. The circuit court waived him into to adult court mostly because his “pattern of living” was more like an adult’s than a juvenile’s. That is… Read More

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Waiver of juvenile to adult court upheld

State v. Juwon B., 2014AP2504, District 2, 2/11/15 (1-judge decision; ineligible for publication); case activity The circuit court properly exercised its discretion in waiving Juwon to adult court despite the fact Juwon lacked any prior record and was a “good kid who made a mistake.” Juwon challenged the circuit court’s conclusion that he had no rehabilitative… Read More

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State v. Mariah E., 2014AP1788, District 2, 1/14/15 (1-judge decision; ineligible for publication); case activity The decision to waive a juvenile into adult court is reviewed for erroneous exercise of discretion, State v. Tyler T., 2012 WI 52, ¶24, 341 Wis. 2d 1, 814 N.W.2d 192, and in this case the circuit court did not erroneously… Read More

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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

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