State v. M.D.B., Jr., 2023AP620, 2/6/24, District I (1-judge decision; ineligible for publication); case activity The State’s efforts to revive this delinquency case on appeal fail, as they are unable to persuade COA that the circuit court erroneously exercised its discretion in dismissing the petition with prejudice for failure to comply with a statutory deadline… Read more
B. Delinquency proceedings
State v. J.A.J., 2022AP2066, 11/14/23, District I (ineligible for publication); case activity In a noteworthy juvenile appeal, COA rejects a novel argument highlighting the dysfunctional nature of our juvenile justice system as caused by the “closure” of Lincoln Hills. J.A.J. appeals a dispositional order for the serious juvenile offender program (SJOP) with placement at Lincoln… Read more
State v. T.H., Jr., 2023AP285, 10/3/23, District III (one-judge decision; ineligible for publication); case activity In yet another juvenile waiver appeal demonstrating the power of the discretionary standard of review, COA affirms the circuit court’s order despite the potential internal inconsistencies of that ruling. “Thomas” was 16 when he caused a fatal accident, killing two… Read more
State v. C.W.P., 2022AP1240 & 2022AP1317, District 2, 12/14/22 (one-judge decision; ineligible for publication); case activity (2022AP1240; 2022AP1317) The state filed two juvenile delinquency petitions regarding C.W.P. and petitioned for waiver of juvenile jurisdiction in both cases. The circuit court held joint waiver hearings after which it granted waiver. The court of appeals rejects C.W.P.’s… Read more
Be sure to check out today’s Inside Track article “We Need to Recognize the Implicit Bias in Wisconsin’s Youth Justice System” by ASPD Alaina K. Fahley. Black and White youths engage in delinquent behaviors at similar rates. But while Black youth constitute only 11.2% of the Wisconsin youth population, they make up almost 25% of… Read more
State v. X.B.A.-S., 2022AP944-946, 11/29/22, District 1, (1-judge opinion; ineligible for publication); case activity When a circuit court finds a juvenile not competent to proceed in a delinquency proceeding but likely to regain, may it “counsel and close” the related JIPS cases per §938.34(1)? Or must it enter dispositional orders requiring periodic reexaminations of the… Read more
State v. K.J.P., 2022AP807, District 2, 11/2/22 (one-judge decision; ineligible for publication); case activity The court of appeals rejects K.J.P.’s arguments that the circuit court erred in deciding to waive juvenile court jurisdiction and allow him to be prosecuted in adult court. The state filed a delinquency petition charging K.J.P. with kidnapping, armed carjacking, armed robbery… Read more
State v. M.N., Jr., 2022AP855, District 1, 11/1/22 (one-judge decision; ineligible for publication); case activity The circuit court decided to waive M.N. (“Max”) into adult court based in part on the belief that any juvenile court supervision and services would end when M.N. turned 18 in 6 months. (¶8). But as the state concedes, juvenile… Read more
