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2. Waiver and reverse waiver

State v. Cortez Lorenzo Toliver, 2014 WI 85, 7/23/14, affirming an unpublished per curiam court of appeals decision; majority opinion by Justice Prosser; case activity When a juvenile is charged with a crime that gives the criminal court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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State v. Kadeem R., 2013AP2769, District 2, 4/2/14; court of appeals decision (1-judge; ineligible for publication); case activity The juvenile court didn’t erroneously exercise its discretion under § 938.18 when it waived jurisdiction over a 16-year-old with no prior juvenile history for being an accomplice to an attempted nonviolent burglary. (¶¶2-5). There was no issue as to… Read More

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State v. Cody Phillips, 2014 WI App 3; case activity This case reached the court of appeals via a petition for leave to appeal a non-final order. The State’s juvenile delinquency petition alleged that Phillips committed one count of 1st-dgree sexual assault of child by use or threat of force and a second count of 2nd-degree assault of a… Read More

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Review of unpublished per curiam court of appeals decision; case activity Issues (composed by On Point) Did the adult court lose jurisdiction or competency to proceed against a juvenile by failing to make a specific finding at the preliminary hearing that there was probable cause to believe the juvenile committed an offense that gave the… Read More

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State v. Taylor M.S., 2013AP1337, District 2, 10/2/13; court of appeals decision (1-judge; not eligible for publication); case activity The juvenile court properly exercised its discretion in deciding to waive jurisdiction over Taylor’s charges, rejecting Taylor’s contention that the court failed to consider all of the factors in § 938.18(5), in particular the availability of treatment… Read More

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State v. Jace H., 2012AP2479, District 2, 9/25/13; court of appeals decision (1-judge; ineligible for publication); case activity The state petitioned to waive Jace H. into adult court in two delinquency cases involving allegations of sexual assault of two different victims. (¶¶2-4). After the circuit court granted the waiver petition, Jace’s new lawyer determined–and the… Read More

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State v. Tyler T., 2012 WI 52, affirming unpublished decision; for Tyler T.: Susan E. Alesia, SPD, Madison Appellate;  case activity While the practice of allowing ex parte prosecutorial input at the final staffing of a juvenile waiver investigation can’t be recommended, it is nonetheless not impermissible as a matter of law. ¶4   We conclude that the circuit court did… Read More

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on review of unpublished decision; for Tyler T.: Susan E. Alesia, SPD, Madison Appellate;  case activity Juvenile Delinquency – Waiver Investigation Hearing Issue (Composed by On Point):  Whether, on petition to waive a juvenile into adult court, the State may give ex parte input to a local agency making the waiver recommendation pursuant to the circuit court’s… Read More

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