On Point: 2. Waiver and reverse waiver

State v. T.T.H., 2016AP1553-1554-CR, District 1, 2/21/17 (1-judge decision, ineligible for publication); case activity

T.T.H., aged 16,  challenged a circuit court decision waiving his case into adult court on the grounds that: (1) the record did not show that the circuit court gave “paramount consideration” to the juvenile’s best interests, and (2) the circuit court failed to give sufficient consideration to T.T.H.’s suitability for the Serious Juvenile Offender program.  Both challenges failed.

State v. C.M., 2016AP1321, 1/18/17, District 2 (one-judge decision; ineligible for publication); case activity

After charging J.M. in juvenile court with crimes ranging from child sexual assault to disorderly conduct, the State sought to waive J.M. into adult court by arguing that Lincoln Hills was not an appropriate place for C.M. because, according to the recent news reports, it is so awful. The circuit court cited the news reports in granting waiver. That was error, but it’s harmless because there are other facts in the record supporting the waiver decision.

State v. T.D.M., 2015AP2289, 4/20/16, District 2, (1-judge opinion; ineligible for publication); case activity

T.D.M. was charged with burglary and theft, as party to a crime, and obstructing an officer. The circuit court waived him into to adult court mostly because his “pattern of living” was more like an adult’s than a juvenile’s. That is, he was not reliant upon his mother for large periods of time. His whereabouts were unknown for at least 3 months in 2014. He allegedly had fathered a child. He did not attend school or avail himself of services. And he repeatedly violated curfew and came and went as he pleased. See ¶14.

State v. Juwon B., 2014AP2504, District 2, 2/11/15 (1-judge decision; ineligible for publication); case activity

The circuit court properly exercised its discretion in waiving Juwon to adult court despite the fact Juwon lacked any prior record and was a “good kid who made a mistake.”

State v. Mariah E., 2014AP1788, District 2, 1/14/15 (1-judge decision; ineligible for publication); case activity

The decision to waive a juvenile into adult court is reviewed for erroneous exercise of discretion, State v. Tyler T., 2012 WI 52, ¶24, 341 Wis. 2d 1, 814 N.W.2d 192, and in this case the circuit court did not erroneously exercise its discretion in waiving sixteen-year-old Mariah to adult court on charges of battery of a police officer, battery to an emergency worker, and resisting and obstructing.

State v. Cortez Lorenzo Toliver, 2014 WI 85, 7/23/14, affirming an unpublished per curiam court of appeals decision; majority opinion by Justice Prosser; case activity

When a juvenile is charged with a crime that gives the criminal court exclusive original jurisdiction, § 970.032(1) expressly requires the judge conducting the preliminary hearing to find probable cause for the specific felony that gives the court jurisdiction. In this case the supreme court addresses what happens when the trial judge doesn’t follow the statute’s clear mandate. On Point asked Eileen Hirsch, an attorney with the SPD’s Madison Appellate Office and all-around juvenile law guru, to discuss the decision. Here’s her take:

State v. Kadeem R., 2013AP2769, District 2, 4/2/14; court of appeals decision (1-judge; ineligible for publication); case activity

The juvenile court didn’t erroneously exercise its discretion under § 938.18 when it waived jurisdiction over a 16-year-old with no prior juvenile history for being an accomplice to an attempted nonviolent burglary. (¶¶2-5). There was no issue as to prosecutive merit, § 938.18(4), so the question was the application of the criteria under § 938.18(5).

State v. Cody Phillips, 2014 WI App 3; case activity

This case reached the court of appeals via a petition for leave to appeal a non-final order.

The State’s juvenile delinquency petition alleged that Phillips committed one count of 1st-dgree sexual assault of child by use or threat of force and a second count of 2nd-degree assault of a child.  At the State’s request, the juvenile court waived Phillips into adult court on both counts and ultimately pled no contest to two counts of 2nd-degree sexual assault of a child. 

Review of unpublished per curiam court of appeals decision; case activity

Issues (composed by On Point)

Did the adult court lose jurisdiction or competency to proceed against a juvenile by failing to make a specific finding at the preliminary hearing that there was probable cause to believe the juvenile committed an offense that gave the adult court jurisdiction over the juvenile?

Did the circuit court erroneously exercise its discretion in denying Toliver’s motion for “reverse”

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.