On Point: B. Delinquency proceedings

State v. Carl Morgan, 2009AP74-CR, District III, 7/20/10

court of appeals decision (3-judge, not recommended for publication); for Morgan: Ralph Sczygelski; BiC; Resp.; Reply

Sufficiency of Evidence Review

Review of a denied motion for dismissal at the close of the prosecutor’s case-in-chief is waived where the defendant proceeds to put in a defense. All the evidence, including the defense presentation,

State v. Corey Kleser, 2010 WI 88, affirming in part, reversing in part, 2009 WI App 43; for Kleser: Devon M. Lee, SPD, Madison Appellate; BiC; Resp.; Reply

Reverse Waiver, §§ 938.183(1), 970.032(1) & (2) – Generally

¶69 Nothing in § 970.032(2) places a limitation on the evidence at a reverse waiver hearing so long as the evidence is admissible under the rules of evidence and is relevant to one or more of the three elements set out in the subsection.

State v. Justin H., No. 2009AP2935, District III, 6/29/10

court of appeals decision (1-judge; not for publication); for Justin H.: Leonard D. Kachinsky

¶9 However, even assuming Justin properly preserved a due process argument, we reject it.  Due process principles require that a juvenile against whom a delinquency petition has been filed be given “notice … sufficiently in advance of scheduled court proceedings … set[ting] forth the alleged misconduct with particularity.” State v.

court of appeals decision (1-judge; ineligible for publication)

Delinquency Petition – Time Limit
Time limit for filing petition continues running during gap between date intake worker requests petition and date request actually filed with DA’s office, therefore this petition  untimely; on remand trial court is to determine “proper remedy,” which may be dismissal, but not necessarily.

State v. Corey Kleser, 2009 WI App 43, PFR filed 4/9/09
For Kleser: Robin E. Dorman, SPD Milwaukee Trial; Debra Flynn-Parrino, Devon M. Lee, SPD, Milwaukee Juvenile

Issue/Holding:

¶46      Wisconsin Stat. § 970.032(2) makes no provision for the admission of hearsay at a reverse waiver hearing. Where a statute does not specifically authorize hearsay, it is generally prohibited, see Wis. Stat.

State v. Andrew J.K., 2006 WI App 126

For Andrew J.K.: George M. Tauscheck

Issue/Holding: Where a juvenile, in response to a State’s motion to lift a stay on corrections commitment, stipulated to placement in a local program, his subsequent termination from that program subjected him to a lifting of the stay notwithstanding that the program was not a statutorily authorized dispositional alternative:

¶18      Although the court approved the stipulation,

State of Wisconsin ex rel. Mateo D.O. v. Circuit Court, 2005 WI App 85
For Mateo D.O.: Colleen Bradley, SPD, Oshkosh Trial

Issue/Holding: The chief judge has authority to review denial of a substitution request in a delinquency proceeding, under §§ 938.29(1)(m) and 801.58(2). (Because § 801.58(2) is the more specific provision, it “applies when the juvenile’s request for substitution is denied,” ¶9; it plainly provides for “review[] by the chief judge of the judicial administrative district.”)

¶10.