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Sentencing – Review — Inaccurate Information – Review of Confidential Juvenile Records

State v. Jeris M. Moore, 2006 WI App 162
For Moore : Richard D. Martin, SPD, Milwaukee Appellate

Issue/Holding:

¶8        The issue in this case is whether the trial court erred when it denied Moore ’s motion without an in camera review of the confidential juvenile records. We conclude that the trial court should have conducted an in camerareview to determine whether the contents of those records rendered the resulting sentence one that was based on inaccurate information. Because the trial court declined to review the confidential records, we reverse the postconviction order and remand the matter to the trial court with directions to conduct an in camera review. After the review has occurred, the trial court shall determine whether the records rendered the information relied on at sentencing inaccurate. If the trial court determines the confidential records did not render the sentencing information inaccurate, then the order denying Moore ’s postconviction motion shall be reinstated. If the trial court determines that the confidential records did result in reliance on inaccurate information at sentencing, then Moore ’s postconviction motion should be granted and resentencing should be ordered. [2]


 [2]   The trial court shall be guided by the new standard on this issue set forth in State v. Tiepelman, 2006 WI 66, ¶2, ___ Wis. 2d ___, ___ N.W.2d ___.

The sentencing court relied on prior juvenile contacts; Moore’s postconviction motion alleged that the PSI provided a biased, inaccurate account of the incidents and that juvenile court records would have presented a more rounded, exculpatory picture. The trial court, however, refused to allow Moore to present the confidential juvenile court records, and on remand must “conduct an in camera review of the confidential juvenile records to determine whether the records contain any information which renders the trial court’s reliance on the prior sexual assault incidents inaccurate,” ¶13. If this review shows that the sentencing information was inaccurate then a new sentencing hearing will be required, ¶14.

 

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