On Point blog, page 1 of 10

COA affirms juvenile waiver decision despite judge’s mistaken belief about SJO program

State v. J.A.V.,  2024AP2081, 4/23/25, District I (1-judge decision, ineligible for publication); case activity

COA rejects two claims relating to the circuit court’s discretionary decision, including an argument that the circuit court relied on inaccurate information regarding the SJO program.

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COA affirms juvenile’s placement at Copper Lake School, rejecting argument that placement was improper until State builds facilities contemplated when Lincoln Hills was closed.

State v. A.A.A., 2024AP2001, 3/12/25, District II (ineligible for publication); case activity

COA affirmed the circuit court’s dispositional order placing juvenile in the Serious Juvenile Offender program at Copper Lake School, a Type I juvenile correctional facility for girls.  The Court rejected juvenile’s claim that such a placement was not permissible until the State builds a secure residential care center. 

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COA holds that funeral costs are recoverable as part of a restitution order in connection with a juvenile disposition order

State v. Q.D.R., 2024AP1067, 12/3/24, District I (one-judge decision; ineligible for publication); case activity

In a matter of first impression, COA rejects Q.D.R.’s statutory construction arguments and holds that funeral costs are recoverable under the juvenile restitution statute.

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COA affirms waiver of juvenile court jurisdiction

State v. J.C., 2024AP17, 7/30/24, District 1 (one-judge decision; ineligible for publication); case activity

“Jacob” appealed from an order granting the state’s waiver petition on charges of first-degree reckless injury, first-degree recklessly endangering safety, and possession of a dangerous weapon. The COA affirms.

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COA affirms denial of reverse waiver and motion for discovery prior to § 970.032(1) preliminary examination despite holding that juvenile defendants have a (limited) right to discovery

State v. Jayden Adams, 2023AP218-CR, 7/23/24, District 1 (recommended for publication); petition for review granted, 2/12/25, voluntarily dismissed 3/5/25, case activity

Adams appealed a nonfinal order denying his motion for discovery prior to his Wis. Stat. § 970.032(1) preliminary examination and his motion for reverse waiver to juvenile court. Despite holding that juvenile defendants have a limited right to discovery before a prelim under State v. Klesser, 2010 WI 88, 328 Wis. 2d 42, 786 N.W.2d 144, the COA concludes that Adams was not entitled to the discovery he requested in this case. The COA also concludes that the circuit court did not erroneously exercise its discretion in denying the reverse waiver.

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COA: Circuit court need not weigh all criteria equally when determining whether to waive juvenile into adult court.

State v. M.P., 2024AP32, 6/26/24, District II (one-judge decision; ineligible for publication); case activity

COA affirms circuit court’s order waiving M.P. into adult court based on M.P.’s age and seriousness of the offense.

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Juvenile wins new hearing on whether stay of sex offender registration should be lifted; loses on judicial bias claim

State v. L.R.J., 2023AP1902, 5/8/24, District II (one-judge decision; ineligible for publication); case activity

“Lincoln” succeeds on his claim related to sex offender registration due to the State’s concession but fails to rebut the presumption that the court acted impartially when revoking a stayed Serious Juvenile Offender (SJO) order.

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COA opts for defense-friendly reading of Marsy’s Law in published juvenile defense win!

State v. M.L.J.N.L., 2021AP1437, 2/28/24, District IV (recommended for publication); case activity

In one of our first published decisions to address the impact of Marsy’s Law, COA accepts the agreed-upon position of both parties that Marsy’s Law does not alter the framework for assessing requests for juvenile restitution under § 938.34(5)(a). 

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Defense Win! Court properly dismissed juvenile case with prejudice due to State’s blown deadline

State v. M.D.B., Jr., 2023AP620, 2/6/24, District I (1-judge decision; ineligible for publication); case activity

The State’s efforts to revive this delinquency case on appeal fail, as they are unable to persuade COA that the circuit court erroneously exercised its discretion in dismissing the petition with prejudice for failure to comply with a statutory deadline.

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COA holds there’s nothing wrong with sending kids to a juvenile prison that, legally speaking, shouldn’t exist

State v. J.A.J., 2022AP2066, 11/14/23, District I (ineligible for publication); case activity

In a noteworthy juvenile appeal, COA rejects a novel argument highlighting the dysfunctional nature of our juvenile justice system as caused by the “closure” of Lincoln Hills.

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