On Point: Time limits

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.

State v. A.M.J., 2019AP420, 4/14/20, District 3 (one-judge decision; ineligible for publication); case activity (including briefs)

This is a juvenile case so pseudonyms abound. The state accused “Adam” of taking some vehicles from “the Morrisons” and also, in the same incident, damaging some property belonging to “the Olsons.” The district attorney filed a petition concerning the taking of the Morrisons’ vehicles, and Adam was eventually adjudicated delinquent. A few weeks after that adjudication, the DA filed a second petition regarding the criminal damage to the Olsons’ property. This is an appeal of Adam’s adjudication on that second petition; he argues it was not timely filed under the juvenile code. The court of appeals doubts the petition was untimely but holds that even if it was, the circuit court wasn’t statutorily obligated to dismiss it.

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.