On Point: 26. Juvenile proceedings

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Review of unpublished per curiam court of appeals decision; case activity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. Niko C., 2013AP1393, District 1, 11/26/13; court of appeals decision (1-judge; ineligible for publication); case activity

The circuit court properly exercised its discretion in denying Niko’s request to stay the requirement that he register as a sex offender under State v. Cesar G., 2004 WI 61, 272 Wis. 2d 22, 682 N.W.2d 1.

First, the court considered the relevant factors under §§ 301.45(1m)(e) and 938.34(15m)(c) and (16).

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).

Dane County v. Sheila W., 2013 WI 63 (per curiam), affirming court of appeals summary disposition; case activity

The supreme court dismisses as moot a case presenting the questions of whether Wisconsin recognizes the “mature minor” doctrine, which permits a minor to give or refuse consent to medical treatment after a finding that she is sufficiently mature and competent to make the treatment decision, and whether a minor has a due process right to refuse medical treatment.

Polk County v. Norman S., 2012AP2801, District 3, 5/29/13; court of appeals decision (1-judge, ineligible for publication); case activity.

Given the court of appeals’s highly deferential standard of review for jury verdicts, it doesn’t throw them out very often.  In this case, it did.   A jury found by clear and convincing evidence that Norman S. was unable to provide necessary care so as to seriously endanger the physical health of his son,

City of Appleton v. Kylie M. Johnson, 2012AP1922, District 3, 2/12/13; court of appeals decision (1-judge, ineligible for publication); case activity

Jurisdiction of court – defects in truancy citation

Defects in an habitual truancy citation did not prevent court from obtaining personal jurisdiction over Johnson before it entered default judgment. She did not appear at the first hearing on the citation, so the court entered a default judgment against her;

Review of unpublished summary disposition; case activity

Issues (composed by SCOW):

(1) Does Wisconsin recognize the “mature minor doctrine,” a common law rule providing that a minor may consent or refuse to cosent to medical treatment upon a showing of maturity, intelligence and sufficient understanding of the medical condition and treatment alternatives?

(2) Does Wisconsin recognize a mature adolescent’s due process right to refuse unwanted medical treatment?