On Point blog, page 8 of 8
Guardianship – Respondent’s Right to Personal Presence
Jefferson County v. Joseph S., 2010 WI App 160 (recommended for publication); for Joseph S.: Margaret A. Maroney, SPD, Madison Appellate
Failure of trial court to warn guardianship respondent of possibility of removal from courtroom for disruptive behavior prior to ordering his removal deprived court of competency to proceed.
¶5 A determination that a person “is incompetent … is as difficult a judgment as a judge is called upon to make,” and thus the legislature has adopted procedural requirements “to mitigate the chances of error.” Byrn v.
Manipulation of Adult Jurisdiction over Juvenile Offense; Bail Jumping – Jurisdiction to Impose Conditions; Sanctions – Appellate Violations
State v. Drew E. Bergwin, 2010 WI App 137; for Bergwin: Roberta A. Heckes; BiC; Resp.; Reply
Manipulation of Adult Jurisdiction over Juvenile Offense
When the State brings a criminal charge against an adult defendant for an offense committed as a juvenile, the State must affirmatively show that the delay in charging wasn’t intended to manipualte the system to avoid juvenile court jurisdiction,
Misconduct in Public Office, § 946.12(3) – Venue, § 971.19(12)
State v. Scott R. Jensen, 2010 WI 38, reversing 2009 WI App 26, prior history omitted; for Jensen: Robert H. Friebert; BiC; Resp.; Reply
¶1 … The issue presented is whether Waukesha County Circuit Court is the proper venue for Jensen’s trial because it is the “circuit court for the county where the defendant resides”
Jurisdiction
Village of West Salem v. Low, 2009AP2654, Dist IV, 3/25/2010
court of appeal decision (1-judge; not for publication); BiC; Resp. Br.; Reply Br.
Challenge to OWI-1st in municipal court fails for want of jurisdiction, where judgment had been entered in circuit court because at the time no local municipal court existed.
An obscure problem, to be sure, but possibly of enough interest to be disseminated.
Melissa S. v. Edward T. K., 2009AP2354, Dist IV, 1/14/20
court of appeals decision (1-judge; ineligible for publication)
TPR – Uniform Child Custody Jurisdiction and Enforcement Act
“Wis. Stat. § 822.23 does not require a court to dismiss a custody action as soon as it discovers that another state had entered a custody order for the child when the action was commenced in this state. It prohibits the court from modifying the custody determination of another state unless the other court has declined jurisdiction,” ¶15.