court of appeals decision (1-judge, not for publication); for Eric A.: pro se; case activity Expungement – Delinquency Adjudication, § 938.355(4m)(a) Denial of petition for expungement of repeated sexual assault of child adjudication is affirmed. ¶8 Here, the court determined that the offense was too serious, and it would be against public policy, to permit… Read more
B. Delinquency proceedings
State v. Justin J., No. 2010AP1796, District 3, 1/19/11 court of appeals decision (1-judge, not for publication); for Justin J.: Shelley Fite, SPD, Madison Appellate; case activity Secure detention of 30 days was proper exercise of discreiton: ¶10 In this case, the factors the court considered and its statements show that the court used a… Read more
State v. Carl Morgan, 2009AP74-CR, District III, 7/20/10 court of appeals decision (3-judge, not recommended for publication); for Morgan: Ralph Sczygelski; BiC; Resp.; Reply Sufficiency of Evidence Review Review of a denied motion for dismissal at the close of the prosecutor’s case-in-chief is waived where the defendant proceeds to put in a defense. All the… Read more
State v. Corey Kleser, 2010 WI 88, affirming in part, reversing in part, 2009 WI App 43; for Kleser: Devon M. Lee, SPD, Madison Appellate; BiC; Resp.; Reply Reverse Waiver, §§ 938.183(1), 970.032(1) & (2) – Generally ¶69 Nothing in § 970.032(2) places a limitation on the evidence at a reverse waiver hearing so long as the… Read more
State v. Justin H., No. 2009AP2935, District III, 6/29/10 court of appeals decision (1-judge; not for publication); for Justin H.: Leonard D. Kachinsky ¶9 However, even assuming Justin properly preserved a due process argument, we reject it. Due process principles require that a juvenile against whom a delinquency petition has been filed be given “notice… Read more
court of appeals decision (1-judge; ineligible for publication) Delinquency Petition – Time Limit Time limit for filing petition continues running during gap between date intake worker requests petition and date request actually filed with DA’s office, therefore this petition untimely; on remand trial court is to determine “proper remedy,” which may be dismissal, but not… Read more
State v. Corey Kleser, 2009 WI App 43, PFR filed 4/9/09 For Kleser: Robin E. Dorman, SPD Milwaukee Trial; Debra Flynn-Parrino, Devon M. Lee, SPD, Milwaukee Juvenile Issue/Holding: ¶46 Wisconsin Stat. § 970.032(2) makes no provision for the admission of hearsay at a reverse waiver hearing. Where a statute does not specifically authorize hearsay, it is generally… Read more
State v. Andrew J.K., 2006 WI App 126 For Andrew J.K.: George M. Tauscheck Issue/Holding: Where a juvenile, in response to a State’s motion to lift a stay on corrections commitment, stipulated to placement in a local program, his subsequent termination from that program subjected him to a lifting of the stay notwithstanding that the… Read more
