On Point: 26. Juvenile proceedings

State v. Corey Kleser, 2009 WI App 43, PFR filed 4/9/09
For Kleser: Robin E. Dorman, SPD Milwaukee Trial; Debra Flynn-Parrino, Devon M. Lee, SPD, Milwaukee Juvenile

Issue/Holding:

¶46      Wisconsin Stat. § 970.032(2) makes no provision for the admission of hearsay at a reverse waiver hearing. Where a statute does not specifically authorize hearsay, it is generally prohibited, see Wis. Stat.

State v. Andrew J.K., 2006 WI App 126

For Andrew J.K.: George M. Tauscheck

Issue/Holding: Where a juvenile, in response to a State’s motion to lift a stay on corrections commitment, stipulated to placement in a local program, his subsequent termination from that program subjected him to a lifting of the stay notwithstanding that the program was not a statutorily authorized dispositional alternative:

¶18      Although the court approved the stipulation,

State v. Michael S., 2005 WI 82, reversing unpublished decision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;

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.

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,