On Point: 26. Juvenile proceedings

State v. Darold M., 2012AP1020, District 1, 10/10/12

court of appeals decision (1-judge, ineligible for publication); case activity

Juvenile was not entitled to evidentiary hearing on his plea-withdrawal motion, which was premised on an unchecked box on the plea questionnaire signifying whether he understood the charges.

¶2        We conclude that Darold has not met his burden of showing that plea withdrawal is necessary to prevent a manifest injustice under the juvenile plea statute, 

State v. Noah L., 2012AP348, District 2, 8/29/12

court of appeals decision (1-judge, ineligible for publication); case activity

After finding the proof sufficient to support a delinquency allegation, the trial court nonetheless declined to enter adjudication of delinquency, pending a report and recommendation from the Department of Human Services. The report was prepared, which included information not admitted into evidence at the fact-finding hearing, and the court adjudicated the juvenile delinquent.

State v. Tyler T., 2012 WI 52, affirming unpublished decision; for Tyler T.: Susan E. Alesia, SPD, Madison Appellate;  case activity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. Dylan S. / Renee B., 2012 WI App 25 (recommended for publication); for Dylan S.: Devon M. Lee, SPD, Madison Appellate; case activity;  for Renee B.: Susan E. Alesia, SPD, Madison Appellate; case activity

Delinquency – Sanctions – Municipal Truancy 

After finding the juveniles in violation of  first-offense truancy under the local municipal code, the trial court set compliance conditions. The court did not,

State v. Mercedes S., 2012AP1524, District 2, 1/16/13

Court of appeals decision (1 judge, ineligible for publication); case activity

Delinquency — sanctions for violation of disposition order — exercise of discretion

Imposition of additional period of secure detention upheld, against challenge that the court did not consider other options and, contrary to State v. Ogden, 199 Wis. 2d 566, 544 N.W.2d 574 (1996), 

State v. Malcolm L., 2011AP714, District 2, 10/12/11

court of appeals decision (1-judge, not for publication); for Malcolm L.: Eileen A. Hirsch, SPD, Madison Appellate; case activity

Juvenile courts have authority to stay sex offender registration, § 938.34(16), and State v. Cesar G., 2004 WI 61, 272 Wis. 2d 22, 682 N.W.2d 1. Here, the trial court erroneously failed to exercise discretion on Malcolm’s request for such a stay.

State v. Timothy J. K., 2011AP1091, District 2, 10/5/11

court of appeals decision (1-judge, not for publication); for Timothy J.K.: Eileen A. Hirsch, SPD, Madison Appellate; case activity

The trial court’s requirement of sex offender registration, § 301.45(1m)(d)(1), is upheld against an argument that the court misconstrued an expert’s recommendation of no registration.

¶9        Timothy fails to clear the first hurdle of the Tiepelman standard.  

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;

State v. Juan I. C., 2010AP3114, District 4, 7/21/11

court of appeals decision (1-judge, not for publication); for Juan I.C.: Susan E. Alesia, SPD, Madison Appellate; case activity

Credibility determination made by trial judge supported delinquency adjudication for theft of iPod that Juan borrowed but failed to return.

¶11      On the disputed issue of whether Juan repeatedly assured Max and JeVaughnte that he would either return the iPod or pay for it,

Madison Metropolitan School District v. Circuit Court for Dane County, 2011 WI 72, affirming summary order; case activity

Juvenile Delinquency Disposition – Expelled Student

A juvenile delinquency court lacks authority to order a school district to provide educational services to a delinquent whom the district has expelled.

¶5   We conclude:

…

(2)  A circuit court does not have statutory authority to order a school district to provide alternative educational services to a juvenile who has been expelled from school by a lawful and unchallenged expulsion order but is still residing in the community.