On Point blog, page 2 of 2
SCOW: Court’s failure to specify crime for which probable cause found didn’t invalidate bindover of juvenile charged in adult court
State v. Cortez Lorenzo Toliver, 2014 WI 85, 7/23/14, affirming an unpublished per curiam court of appeals decision; majority opinion by Justice Prosser; case activity
When a juvenile is charged with a crime that gives the criminal court exclusive original jurisdiction, § 970.032(1) expressly requires the judge conducting the preliminary hearing to find probable cause for the specific felony that gives the court jurisdiction. In this case the supreme court addresses what happens when the trial judge doesn’t follow the statute’s clear mandate. On Point asked Eileen Hirsch, an attorney with the SPD’s Madison Appellate Office and all-around juvenile law guru, to discuss the decision. Here’s her take:
Court to State: Ends of adult court jurisdiction don’t justify means violating juvenile code
State v. Cody Phillips, 2014 WI App 3; case activity
This case reached the court of appeals via a petition for leave to appeal a non-final order.
The State’s juvenile delinquency petition alleged that Phillips committed one count of 1st-dgree sexual assault of child by use or threat of force and a second count of 2nd-degree assault of a child. At the State’s request, the juvenile court waived Phillips into adult court on both counts and ultimately pled no contest to two counts of 2nd-degree sexual assault of a child.
State v. Cortez Lorenzo Toliver, 2012AP393-CR, petition for review granted 12/17/13
Review of unpublished per curiam court of appeals decision; case activity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 adult court jurisdiction over the juvenile?
Did the circuit court erroneously exercise its discretion in denying Toliver’s motion for “reverse”
Juvenile Delinquency – Authority to Sanction 17-Year-Old
Honorable Mark J. McGinnis v. Mario Jimenez, 2010AP2208, District 3, 1/25/11
court of appeals decision (1-judge, not for publication); for Jiminez: Shelley Fite, SPD, Madison Appellate; case activity; Jiminez BiC; State Resp.; Reply
The circuit court lacks authority to sanction a 17-year-old for failure to comply with conditions imposed for violating a local truancy ordinance.
¶4 Wisconsin Stat.