On Point: 26. Juvenile proceedings

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court of appeals decision (1-judge, not for publication); for Juan I.C.: Susan E. Alesia, SPD, Madison Appellate; case activity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

State v. Anthony M. S., 2010AP1669, District 4, 6/9/11

court of appeals decision (1-judge, not for publication); for Anthony M.S.: Shelley Fite, SPD, Madison Appellate; case activity

The State sought to prove that the pills Anthony M.S. possessed were a non-narcotic controlled substance (Adderall), § 961.41(3g), through the testimony of the Osseo Police Chief that the website Drugs.com established the pills’ identity. The trial court found Anthony M.S.

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,

State v. Emanuel M., 2010AP2175, District 1, 3/15/11

court of appeals decision (1-judge, not for publication); for Emanuel M.: Devon M. Lee, SPD, Madison Appellate; case activity

The trial court made the requisite findings for SJOP disposition, § 938.34(4h): the juvenile was at least 14 years old; the adjudication offense(s) qualified under the statute; correctional placement was the only other appropriate disposition (as to which, the trial court’s multiple references to “Wales”

court of appeals decision (1-judge, not for publication); for Eric A.:  pro se; case activity

Expungement – Delinquency Adjudication, § 938.355(4m)(a)

Denial of petition for expungement of repeated sexual assault of child adjudication is affirmed.

¶8        Here, the court determined that the offense was too serious, and it would be against public policy, to permit expungement.  The court’s order stated society would be harmed by granting expungement. 

Honorable Mark J. McGinnis v. Mario Jimenez, 2010AP2208, District 3, 1/25/11

court of appeals decision (1-judge, not for publication); for Jiminez: Shelley Fite, SPD, Madison Appellate; case activity; Jiminez BiC; State Resp.; Reply

The circuit court lacks authority to sanction a 17-year-old for failure to comply with conditions imposed for violating a local truancy ordinance.

¶4        Wisconsin Stat.

State v. Michael S. L., 2010AP2352, District 2, 1/19/11

court of appeals decision; for Michael S.L.: Leonard D. Kachinski; case activity

Restitution order of 200 hours’ community service, on adjudication for disorderly conduct for “prank”  bomb threat to school, and based on school’s estimate of economic loss due to evacuating students and staff for the bomb scare, was within juvenile court’s authority. Although Michael S.L. did not admit to making the threats himself,

State v. Justin J., No. 2010AP1796, District 3, 1/19/11

court of appeals decision  (1-judge, not for publication); for Justin J.: Shelley Fite, SPD, Madison Appellate; case activity

Secure detention of 30 days was proper exercise of discreiton:

¶10      In this case, the factors the court considered and its statements show that the court used a “rational and explainable” process to determine the thirty days’ secure detention. 

State v. Tyler T., 2010AP784, District 2, 12/29/10

court of appeals decision (1-judge, not for publication), affirmed, 2012 WI 52; for Tyler T.: Susan E. Alesia, SPD, Madison Appellate; case activity

The prosecution isn’t prevented from appearing at a waiver recommendation staffing by the local health and human services agency, notwithstanding absence of the juvenile or his attorney.