On Point blog, page 1 of 1
Court may order reexamination of juvenile found not likely to become competent to proceed
State v. A.L., 2017 WI App 72, petition for review granted 6/11/18, affirmed, 2019 WI 20; case activity; review granted 6/11/18
The court of appeals holds that § 938.30(5) permits a juvenile court to order the re-evaluation of competency of a juvenile previously found not competent to proceed even though the juvenile was also found not likely to regain competence within the relevant statutory time frame (12 months, or the maximum criminal sentence for the offense, whichever is less).
Juvenile court can’t order consent decree over state’s objection
State v. C.G.B., 2017 WI App 32; case activity
While the juvenile code gives a judge the authority to dismiss a juvenile delinquency petition and refer the case for a deferred prosecution agreement (DPA) over the district attorney’s objection, State v. Lindsey A.F., 2003 WI 63, 262 Wis. 2d 200, 663 N.W.2d 757, the code does not give the judge the authority to dismiss a petition and order a consent decree over the DA’s objection.
Delinquency Proceeding – Plea Withdrawal
State v. Darold M., 2012AP1020, District 1, 10/10/12
court of appeals decision (1-judge, ineligible for publication); case activity
Juvenile was not entitled to evidentiary hearing on his plea-withdrawal motion, which was premised on an unchecked box on the plea questionnaire signifying whether he understood the charges.
¶2 We conclude that Darold has not met his burden of showing that plea withdrawal is necessary to prevent a manifest injustice under the juvenile plea statute,