On Point: B. Delinquency proceedings

State v. Albert A., 2013AP549, District 3, 10/15/13; court of appeals decision (1-judge; ineligible for publication); case activity

Albert sought to stay juvenile sex offender registration under State v. Cesar G., 2004 WI 61, ¶40, 272 Wis. 2d 22, 682 N.W.2d 1, but the circuit court denied the request. The court discounted a psychosexual evaluator’s opinion that Albert was low risk to reoffend because the judge believed the evaluator’s opinion reflected an actuarial assessment of group,

State v. Taylor M.S., 2013AP1337, District 2, 10/2/13; court of appeals decision (1-judge; not eligible for publication); case activity

The juvenile court properly exercised its discretion in deciding to waive jurisdiction over Taylor’s charges, rejecting Taylor’s contention that the court failed to consider all of the factors in § 938.18(5), in particular the availability of treatment and services as required by § 938.18(5)(c):

¶6        We agree with the State that the circuit court sufficiently addressed the adequacy and availability of services.

State v. Jace H., 2012AP2479, District 2, 9/25/13; court of appeals decision (1-judge; ineligible for publication); case activity

The state petitioned to waive Jace H. into adult court in two delinquency cases involving allegations of sexual assault of two different victims. (¶¶2-4). After the circuit court granted the waiver petition, Jace’s new lawyer determined–and the state conceded–the allegations in one of the cases occurred before Jace turned 15, a fact that precludes waiver under § 938.18(1)(c) (juvenile court may waiver jurisdiction over juvenile alleged to have violated a criminal law on or after his 15th birthday).

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, 

State v. Noah L., 2012AP348, District 2, 8/29/12

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

After finding the proof sufficient to support a delinquency allegation, the trial court nonetheless declined to enter adjudication of delinquency, pending a report and recommendation from the Department of Human Services. The report was prepared, which included information not admitted into evidence at the fact-finding hearing, and the court adjudicated the juvenile delinquent.

State v. Tyler T., 2012 WI 52, affirming unpublished decision; for Tyler T.: Susan E. Alesia, SPD, Madison Appellate;  case activity

While the practice of allowing ex parte prosecutorial input at the final staffing of a juvenile waiver investigation can’t be recommended, it is nonetheless not impermissible as a matter of law.

¶4   We conclude that the circuit court did not err in denying Tyler’s request to strike the waiver investigation report prepared by the DHHS.  

State v. Dylan S. / Renee B., 2012 WI App 25 (recommended for publication); for Dylan S.: Devon M. Lee, SPD, Madison Appellate; case activity;  for Renee B.: Susan E. Alesia, SPD, Madison Appellate; case activity

Delinquency – Sanctions – Municipal Truancy 

After finding the juveniles in violation of  first-offense truancy under the local municipal code, the trial court set compliance conditions. The court did not,

State v. Mercedes S., 2012AP1524, District 2, 1/16/13

Court of appeals decision (1 judge, ineligible for publication); case activity

Delinquency — sanctions for violation of disposition order — exercise of discretion

Imposition of additional period of secure detention upheld, against challenge that the court did not consider other options and, contrary to State v. Ogden, 199 Wis. 2d 566, 544 N.W.2d 574 (1996), 

State v. Malcolm L., 2011AP714, District 2, 10/12/11

court of appeals decision (1-judge, not for publication); for Malcolm L.: Eileen A. Hirsch, SPD, Madison Appellate; case activity

Juvenile courts have authority to stay sex offender registration, § 938.34(16), and State v. Cesar G., 2004 WI 61, 272 Wis. 2d 22, 682 N.W.2d 1. Here, the trial court erroneously failed to exercise discretion on Malcolm’s request for such a stay.

on review of unpublished decision; for Tyler T.: Susan E. Alesia, SPD, Madison Appellate;  case activity

Juvenile Delinquency – Waiver Investigation Hearing

Issue (Composed by On Point): 

Whether, on petition to waive a juvenile into adult court, the State may give ex parte input to a local agency making the waiver recommendation pursuant to the circuit court’s request under § 939.18(2m).

The State filed a waiver petition;