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2. Waiver and reverse waiver

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

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Waiver of juvenile court jurisdiction affirmed

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

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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

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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

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State v. X.S., 2022 WI 49, 6/29/22, modifying and affirming an unpublished court of appeals decision, 2021AP419, case activity (including, for some reason, one brief) Our supreme court is fond of extolling its role as a “law-developing court.” You’ll search in vain for any law development in this case. Rather than developing the law, the… Read more

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State v. D.J.L., 2021AP436, 5/10/22, District 3 (1-judge opinion ineligible for publication); case activity The State charged 17-year-old “David” with exposing himself to two girls (5 and 9) and sexually assaulting the older one. On appeal, he challenged the circuit court’s decision to waive him into adult court. The court of appeals held that the… Read more

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State v. X.S., 2021AP419, review of an unpublished court of appeals opinion, granted 10/18/21, case activity Issues: 1. Whether the court of appeals erroneously exercised its discretion in denying “Xander’s” motion for reconsideration less than 24 hours after it was filed without any explanation? 2. Whether a juvenile who stipulates to the prosecutive merit of… Read more

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State v. X.S., 2021AP419, 7/20/21, District 1 (one-judge decision; ineligible for publication); case activity Xander (a pseudonym) shot several people in a well-known incident at the Mayfair Mall in Wauwatosa. The juvenile court concluded that it was the right forum for the case and denied the state’s motion to waive the matter into adult criminal… Read more

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