On Point blog, page 16 of 16
Mootness: Juvenile Extension Order
State v. Michael S., 2005 WI 82, reversing unpublished decision
For Michael S.: Susan Alesia, SPD, Madison Appellate
Issue/Holding:
¶6 Reviewing courts generally decline to decide moot issues but may do so under certain circumstances. [3] A court may decide a moot issue when the issue is of great public importance; occurs frequently and a definitive decision is necessary to guide the circuit courts;
Judicial Substitution – Delinquency, § 938.29(1)(m) – Review by Chief Judge
State of Wisconsin ex rel. Mateo D.O. v. Circuit Court, 2005 WI App 85
For Mateo D.O.: Colleen Bradley, SPD, Oshkosh Trial
Issue/Holding: The chief judge has authority to review denial of a substitution request in a delinquency proceeding, under §§ 938.29(1)(m) and 801.58(2). (Because § 801.58(2) is the more specific provision, it “applies when the juvenile’s request for substitution is denied,” ¶9; it plainly provides for “review[] by the chief judge of the judicial administrative district.”)
¶10.
Mootness — Delinquency — Expired Dispositional Order
State v. Stephen T., 2002 WI App 2
For Stephen T.: Raymond M. Dall’Osto
Issue: Whether appeal of a juvenile delinquency adjudication is rendered moot by expiration of its dispositional order.
Holding: No, at least in this instance: certain facets of the order (DNA sample; sex offender registration) survive, and appellate review will therefore have a practical effect. ¶11. (The court doesn’t say whether its mootness holding is limited to offenses that incur these particular consequences.) Moreover,