Review of unpublished per curiam court of appeals decision; case activity Issues (composed by On Point) Did the adult court lose jurisdiction or competency to proceed against a juvenile by failing to make a specific finding at the preliminary hearing that there was probable cause to believe the juvenile committed an offense that gave the… Read more
2. Waiver and reverse waiver
State v. Taylor M.S., 2013AP1337, District 2, 10/2/13; court of appeals decision (1-judge; not eligible for publication); case activity The juvenile court properly exercised its discretion in deciding to waive jurisdiction over Taylor’s charges, rejecting Taylor’s contention that the court failed to consider all of the factors in § 938.18(5), in particular the availability of treatment… Read more
State v. Jace H., 2012AP2479, District 2, 9/25/13; court of appeals decision (1-judge; ineligible for publication); case activity The state petitioned to waive Jace H. into adult court in two delinquency cases involving allegations of sexual assault of two different victims. (¶¶2-4). After the circuit court granted the waiver petition, Jace’s new lawyer determined–and the… Read more
State v. Tyler T., 2012 WI 52, affirming unpublished decision; for Tyler T.: Susan E. Alesia, SPD, Madison Appellate; case activity While the practice of allowing ex parte prosecutorial input at the final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
on review of unpublished decision; for Tyler T.: Susan E. Alesia, SPD, Madison Appellate; case activity Juvenile Delinquency – Waiver Investigation Hearing Issue (Composed by On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
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State v. Carl Morgan, 2009AP74-CR, District III, 7/20/10 court of appeals decision (3-judge, not recommended for publication); for Morgan: Ralph Sczygelski; BiC; Resp.; Reply Sufficiency of Evidence Review Review of a denied motion for dismissal at the close of the prosecutor’s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
