State v. Tyler T., 2012 WI 52, affirming unpublished decision; for Tyler T.: Susan E. Alesia, SPD, Madison Appellate; case activity While the practice of allowing ex parte prosecutorial input at the final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
B. Delinquency proceedings
State v. Dylan S. / Renee B., 2012 WI App 25 (recommended for publication); for Dylan S.: Devon M. Lee, SPD, Madison Appellate; case activity; for Renee B.: Susan E. Alesia, SPD, Madison Appellate; case activity Delinquency – Sanctions – Municipal Truancy After finding the juveniles in violation of first-offense truancy under the local municipal… Read more
State v. Mercedes S., 2012AP1524, District 2, 1/16/13 Court of appeals decision (1 judge, ineligible for publication); case activity Delinquency — sanctions for violation of disposition order — exercise of discretion Imposition of additional period of secure detention upheld, against challenge that the court did not consider other options and, contrary to State v. Ogden, 199 Wis… Read more
State v. Malcolm L., 2011AP714, District 2, 10/12/11 court of appeals decision (1-judge, not for publication); for Malcolm L.: Eileen A. Hirsch, SPD, Madison Appellate; case activity Juvenile courts have authority to stay sex offender registration, § 938.34(16), and State v. Cesar G., 2004 WI 61, 272 Wis. 2d 22, 682 N.W.2d 1. Here, the trial court erroneously failed to exercise… Read more
on review of unpublished decision; for Tyler T.: Susan E. Alesia, SPD, Madison Appellate; case activity Juvenile Delinquency – Waiver Investigation Hearing Issue (Composed by On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
Madison Metropolitan School District v. Circuit Court for Dane County, 2011 WI 72, affirming summary order; case activity Juvenile Delinquency Disposition – Expelled Student A juvenile delinquency court lacks authority to order a school district to provide educational services to a delinquent whom the district has expelled. ¶5 We conclude: … (2) A circuit court does not… Read more
State v. Darron D. Jackson, 2011 WI App 63 (recommended for publication); for Jackson: Rebecca Lawnicki; case activity Waiver – Lesser Offense Instruction The jury convicted Jackson of recklessly endangering safety while armed, which was submitted as a lesser offense of the charged offense, attempted first-degree intentional homicide. Although Jackson did object to the endangering instruction… Read more
State v. Emanuel M., 2010AP2175, District 1, 3/15/11 court of appeals decision (1-judge, not for publication); for Emanuel M.: Devon M. Lee, SPD, Madison Appellate; case activity The trial court made the requisite findings for SJOP disposition, § 938.34(4h): the juvenile was at least 14 years old; the adjudication offense(s) qualified under the statute; correctional placement was the only… Read more