On Point blog, page 4 of 4
Juvenile waiver decision is not invalidated even though juvenile could not be waived on one of the two cases on which waiver was based
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).
Juvenile Delinquency – Waiver Investigation: Ex Parte Prosecutorial Participation
State v. Tyler T., 2012 WI 52, affirming unpublished decision; for Tyler T.: Susan E. Alesia, SPD, Madison Appellate; case activity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. Tyler T., 2010AP784, District 2, 12/29/10, review granted 9/13/11
on review of unpublished decision; for Tyler T.: Susan E. Alesia, SPD, Madison Appellate; case activity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;
Appellate Procedure: Waiver (Lesser Offense Instruction) – Binding Authority (Overruled Court of Appeals Decision); Counsel: Deficient Performance – Unsettled Law; Voluntary Statements; Adult Jurisdiction over Juvenile: Post-Trial Reverse Waiver Procedure Constitutional
State v. Darron D. Jackson, 2011 WI App 63 (recommended for publication); for Jackson: Rebecca Lawnicki; case activity
Waiver – Lesser Offense Instruction
The jury convicted Jackson of recklessly endangering safety while armed, which was submitted as a lesser offense of the charged offense, attempted first-degree intentional homicide. Although Jackson did object to the endangering instruction on the ground that it wasn’t supported by the facts,
Sufficiency of Evidence Review; Reverse Waiver; Sentence – Exercise of Discretion
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,
Reverse Waiver, §§ 938.183(1), 970.032(1) & (2); Comment on Truthfulness; Self-Incrimination – Waiver – Examination by Expert
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.
Hearsay Rule – Applicability – Reverse (Juvenile) Waiver, § 970.032(2)
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.