On Point blog, page 5 of 5
SVP – Trial: Evidence – Juvenile Adjudication
State v. Matthew A.B., 231 Wis.2d 688, 605 N.W.2d 598 (Ct. App. 1999)
For Matthew A.B.: Mary E. Waitrovich, SPD, Madison Appellate
Issue: Whether a juvenile adjudication is admissible in a Ch.980 proceeding, § 938.35(1) notwithstanding.
Holding: A juvenile adjudication is admissible.
§ 938.35(1) expressly prohibits admissibility of a juvenile court disposition except for certain enumerated exceptions which don’t include Ch. 980 proceedings.
SVP – Trial: Jury waiver, following withdrawal of state’s request for jury
State v. Harry S. Bernstein, 231 Wis.2d 392, 605 N.W.2d 555 (Ct. App. 1999)
For Bernstein: Mary E. Waitrovich, SPD, Madison Appellate
Issue: After the state requests then withdraws a request for jury in a Ch. 980 proceeding, must trial to the court be premised on the respondent’s personal consent to this withdrawal?
Holding: Under § 980.05(2) the respondent’s consent to the state’s withdrawn assertion of jury trial need not be personal,
SVP – Trial – Evidence: Prediction of Future Dangerousness of Juveniles
State v. Matthew A.B., 231 Wis.2d 688, 605 N.W.2d 598 (Ct. App. 1999)
For Matthew A.B.: Mary E. Waitrovich, SPD, Madison Appellate.
Issue/Holding: Prediction of future dangerousness may be made of a juvenile in a Ch. 980 proceeding.
The state’s experts assessed Matthew’s dangerousness by using the “Doren criteria,” which were developed through research involving adults. Moreover, Matthew adduced evidence “that juveniles have a lower propensity to reoffend in sexual violence situations.”