On Point: 26. Juvenile proceedings

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?

State v. Dylan T.W., 2012AP1761-FT, District 2, 12/12/12

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

Evidence held sufficient to support delinquency adjudication for felony battery where juvenile pushed a whiteboard into a teacher and then injured the same teacher by forcefully opening a door in the teacher’s path. Arguments the juvenile was not aware of the consequences of his actions because he was “singularly focused on leaving the classroom” and that there was conflicting evidence of the event,

State v. Tyler H., 2012AP914, District 3, 11/6/12,  court of appeals decision (1-judge, ineligible for publication); case activity

Evidence held sufficient to support delinquency adjudication, where juvenile called mother “a fucking whore” after she struck him during a family “squabble” in their home.

¶9        We conclude Tyler’s conduct was of the type that tends to cause or provoke a disturbance.  First, we reject Tyler’s argument that his language could not provoke a disturbance because a disturbance was already occurring.

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.