State v. Arron A.-R., 2014AP142, District 1, 6/2/15 (one-judge decision; ineligible for publication); case activity Arron delinquency adjudication for one count of first degree sexual assault is supported by the testimony of the victim, S.F., but the adjudication for a second count is reversed because the trial court erred in believing that the charge required only sexual… Read more
B. Delinquency proceedings
State v. Juwon B., 2014AP2504, District 2, 2/11/15 (1-judge decision; ineligible for publication); case activity The circuit court properly exercised its discretion in waiving Juwon to adult court despite the fact Juwon lacked any prior record and was a “good kid who made a mistake.” Juwon challenged the circuit court’s conclusion that he had no rehabilitative… Read more
State v. Mariah E., 2014AP1788, District 2, 1/14/15 (1-judge decision; ineligible for publication); case activity The decision to waive a juvenile into adult court is reviewed for erroneous exercise of discretion, State v. Tyler T., 2012 WI 52, ¶24, 341 Wis. 2d 1, 814 N.W.2d 192, and in this case the circuit court did not erroneously… Read more
State v. Jermaine C., 2014AP467, District 1, 10/21/14 (1-judge decision; ineligible for publication); case activity The circuit court’s decision at Jermaine’s disposition hearing to stay the sex offender registration requirement wasn’t a permanent stay of the requirement under § 938.34(16) and State v. Cesar G., 2004 WI 61, 272 Wis. 2d 22, 682 N.W.2d 1… Read more
State v. Joel I.-N., 2014 WI App 119; case activity The unrecorded statement Joel I.N., a juvenile, gave to the police was admissible despite the fact the police failed to record the statement as required by §§ 983.195(2)(b) and 938.31(3)(b) because “exigent public safety circumstances” rendered recording his statement infeasible under § 938.31(3)(c)5. Joel also knowingly, intelligently, and voluntarily… Read more
State v. Cortez Lorenzo Toliver, 2014 WI 85, 7/23/14, affirming an unpublished per curiam court of appeals decision; majority opinion by Justice Prosser; case activity When a juvenile is charged with a crime that gives the criminal court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
Review of a published court of appeals decision; case activity Issues (composed by On Point) Whether a juvenile “refused to respond or cooperate” during a portion of a custodial interrogation if it was going to be recorded, such that § 938.31(3)(c)1. allowed the interrogating officers to turn off the recording device. Whether an error in failing to… Read more
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