On Point: A. Jurisdiction/competence

Waukesha County v. C.M.M., 2022AP2081, District 2, 7/19/23 (one-judge decision; ineligible for publication); case activity

C.M.M. (“Charles”) challenges a revised CHIPS dispositional order that eliminated visits between Charles and his son, A.M.M. Charles’ claim on appeal is that the circuit court erred by (1) substituting a “Criminal Division Judge” instead of a “Juvenile Division Judge” and (2) doing so without following the proper procedure. The court of appeals sees no errors and affirms.

R.G. v. S.P., 2022AP1876, District 4, 02/16/2023 (one judge opinion; ineligible for publication); case activity

R.G. filed a petition to voluntarily terminate his parental rights to a non-marital child that he had not seen in over seven years. The circuit court dismissed his petition for lack of jurisdiction. R.G. pursued an appeal pro se, arguing that Wis. Stat. § 48.185 supported his petition in Dane County.

State v. Morgan E. Geyser, 2020 WI App 58; case activity (including briefs)

Morgan Geyser, one of the two 12 year old defendants in the Slenderman case, was charged in adult court with attempted 1st degree intentional homicide. At her preliminary hearing, the court found probable cause that she committed a crime for which it had exclusive jurisdiction. On appeal, Geyser argued that the adult court had found the facts necessary to mitigate attempted 1st degree homicide to attempted 2nd degree homicide and thus it lost jurisdiction. She also argued that her custodial statements to police should have been suppressed because her Miranda waiver was not knowing, intelligent and voluntary. The court of appeals rejected both arguments.

State v. Matthew Hinkle, 2019 WI 96, 11/12/19, affirming a published court of appeals decision, 2017AP1416, case activity (including briefs)

We’ve posted on this case twice before, first on the published court of appeals decision and then on the supreme court’s grant of the petition for review. The question is easily posed: the statute says that a juvenile is subject to automatic adult court jurisdiction if “the court assigned to exercise jurisdiction under [chs. 48 and 948] has waived its jurisdiction over the juvenile for a previous violation” and the previous case is either pending or ended in conviction. Does “the court” in that phrase mean any juvenile court in the state (so that waiver in any county would forever precluded juvenile jurisdiction in every county), or does it mean the specific juvenile court in the county where criminal charges are contemplated (so that each county would have a chance to make the waiver decision in its own courts)?

State v. Matthew C. Hinkle, 2017AP1416-CR, petition for review granted 4/9/19;  affirmed 11/12/19; case activity (including briefs)

Issue:

Once a juvenile has been waived into adult court by one circuit court, must the juvenile always be subject to adult court jurisdiction in any other cases?

State v. A.L. , 2019 WI 20, affirming a published court of appeals decision, 2017 WI App 72; case activity

This appeal centers on the proper interpretation of §938.30(5)(d) and §938.13 governing juveniles found not competent during a delinquency proceeding. SCOW holds a circuit court may resume suspended juvenile delinquency proceedings to reexamine the competency of a juvenile who was initially found not competent and not likely to become competent within the statutory period. It also holds that circuit courts retain competency over juvenile delinquency proceedings even after the accompanying JIPS order has expired.

State v. A.L., 2016AP880, review of a published court of appeals decision granted 6/11/18; case activity

Where a juvenile has been found incompetent to stand trial, Wis. Stat. § 938.30(5)(e)1. says he or she can be later reevaluated–but only if he or she was found likely to regain competence. Nevertheless, the court of appeals, relying on a tendentious reading of the legislative history, decided even a juvenile who has been found unlikely to become competent can also be reevaluated.

State v. Shaun M. Sanders, 2018 WI 51, 5/18/18, affirming a published court of appeals decision, 2017 WI App 22, case activity (including briefs)

The state can criminally punish a person for something he or she did as a small child.

State v. Shaun M. Sanders, 2015AP2328-CR, granting review of a published court of appeals decision, 6/13/17, case activity (including briefs

Issue (copied from the petition for review):

Can a person be criminally responsible for acts he allegedly committed before the age of original juvenile court jurisdiction?

State v. Ester M. and Alexander M., 2014AP1621, District 1, 12/16/14 (1-judge decision; ineligible for publication); case activity

The circuit court’s order finding Soreh M. to be a juvenile in need of protection or services  evidence is supported by sufficient and doesn’t impinge on the right to religious freedom of her parents, Ester M. and Alexander M. In addition, the circuit court had the statutory authority to order conditions for the parents to complete before the court would consider placing Soreh M. in their home again.