On Point blog, page 1 of 11

COA rejects venue-based challenge to juvenile waiver and affirms

State  v. D.R., 2024AP2196 & 2198, 7/8/26, District II (ineligible for publication); case activity

“Drew” appeals orders waiving juvenile court jurisdiction, arguing that the circuit court erred when it rejected his claim that the criminal venue statute prevents the court from considering waive and in applying the standard. COA rejects both claims and affirms.

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COA construes second juvenile waiver petition as motion for reconsideration; affirms denial

State  v. A.V., 2026AP359, 6/30/26, District I (ineligible for publication); case activity

AV turned 17 after the circuit court denied the state’s first waiver petition. The state petitioned again to waive A.V. into adult criminal court, citing WIS. STAT. § 938.18(2) as the statutory basis for the petition and making new allegations. COA affirms the circuit court’s denial of the state’s second petition without an evidentiary hearing.

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COA affirms juvenile adjudication, finds that juvenile’s writings were “true threats”

State  v. I.T.S., 2025AP2517, 6/17/26, District II (ineligible for publication); case activity

Although I.T.S. argues that his writings composed during an in-school suspension were private and not true threats for the purposes of the First Amendment, COA affirms.

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Defense Win: COA, in decision recommended for publication, finds reverse waiver statute unconstitutional

State v. Noah Q. Mann-Tate, 2024AP2585-CR, 2/3/26, District I (recommended for publication); petition for review granted 5/20/26 case activity

In a massively consequential decision, COA reaffirms the uniqueness of children facing criminal charges and finds our notoriously-stringent reverse waiver statute unconstitutional as a result.

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COA affirms denial of motion to dismiss delinquency petition filed 351 days after the § 938.25(2)(a) deadline.

State v. K.R.C., 2025AP90, 12/9/25, District III (one-judge decision; ineligible for publication); case activity

“Kyle” appeals, arguing that the state did not have good cause for filing a delinquency petition outside the 20-day filing deadline in WIS. STAT. § 938.25(2)(a). COA disagrees and affirms.

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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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