On Point blog, page 10 of 16
Evidence sufficient to to support juvenile delinquency finding
State v. J.L.M., 2015AP1695, 4/19/16, District 1 (1-judge opinion, ineligible for publication); case activity
The State charged J.L.M. with one count of robbery with use of force, as a party to a crime, due to his alleged involvement with a group of youths who stole M.H.’s bike and struck him several times in the process. J.L.M. lost at trial and challenged the sufficiency of the evidence to support his conviction.
Juvenile had sufficient notice at hearing to lift stay of sentence
State v. D. T., 2015AP1476, 3/1/2016, District 1 (one-judge opinion; ineligible for publication); case activity
D.T. asserts he was ambushed when the juvenile court took judicial notice of his file and sua sponte called a witness before lifting the stay of his five-year sentence; the court of appeals affirms after finding different grounds to lift the stay.
Court’s reliance on inaccurate information re juvenile’s risk of reoffending was harmless
City of Milwaukee v. D.S., 2015AP1634, 2/2/16, District 1 (one-judge opinion; ineligible for publication); case activity
D.S., a juvenile, was ordered to register as a sex offender for life. On appeal, he argued that the circuit court relied on two types of inaccurate information: (1) a report, prepared by Dr. Paul Hesse, regarding the recidivism rate for juvenile sex offenders at Lincoln Hills, and (2) misinformation about the meaning of D.S.’s JSOAP-II scores. He lost on both counts.
No misuse of discretion in ordering juvenile to register as sex offender
State v. M. E.-T., 2015AP625, 1/20/15, District 1 (one-judge decision; ineligible for publication); case activity
Despite the circuit court’s rather evident prejudgment of the outcome, its “lengthy and well-reasoned” decision showed that it properly exercised its discretion in denying M. E.-T.’s motion to stay the requirement that he register as a sex offender.
Delinquency petition stated probable cause
State v. A.C., 2015AP1604, 1/20/16, District 1 (one-judge decision; ineligible for publication); case activity
A petition alleging A.C. was delinquent contained sufficient facts to establish probable cause that A.C. acted as a party to the crime of operating a motor vehicle without the owner’s consent.
Restitution may be ordered in JIPS cases only after a finding the juvenile committed a delinquent act
State v. B.A.H., 2015AP1256-FT, District 4, 10/22/15 (one-judge decision; ineligible for publication); case activity
While restitution is a possible disposition in a proceeding involving a juvenile in need of protection or services (JIPS), it can only be ordered when there has been a finding a finding the juvenile committed a delinquent act. Because there was no such finding in the JIPS case involving B.A.H., the juvenile court had no authority to order restitution.
Circuit court properly found parent failed to meet conditions of CHIPS order
Dane County DHS v. Connie H., 2015AP552, District 4, 8/20/15 (one-judge decision; ineligible for publication); case activity
The circuit court properly exercised it discretion when it denied Connie’s petition to revise a CHIPS dispositional order to lift a suspension of visits with her son, K.H.
Juvenile court applied proper standards when ordering disposition, despite “imprecise” language referring to adult sentencing standards
State v. Ali H., 2015AP41, District 1, 7/28/15 (one-judge decision; ineligible for publication); case activity
Though the juvenile court judge “was perhaps imprecise with its language,” the court of appeals concludes the judge did not erroneously apply adult sentencing considerations of punishment and deterrence when it decided to order Ali placed at Lincoln Hills.
Credible victim supports adjudication on one count, but trial court’s mistake of law invalidates adjudication on second count
State v. Arron A.-R., 2014AP142, District 1, 6/2/15 (one-judge decision; ineligible for publication); case activity
Arron delinquency adjudication for one count of first degree sexual assault is supported by the testimony of the victim, S.F., but the adjudication for a second count is reversed because the trial court erred in believing that the charge required only sexual contact, not sexual intercourse.
Waiver of juvenile to adult court upheld
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.”