On Point: 26. Juvenile proceedings

State v. T.L.J., 2016AP1395, District 2, 3/8/2017 (one-judge decision; ineligible for publication); case activity

The circuit court did not erroneously exercise its discretion in granting the state’s petition to waive T.L.J. into adult court to face charges of armed robbery and operating a motor vehicle without owner’s consent.

State v. T.T.H., 2016AP1553-1554-CR, District 1, 2/21/17 (1-judge decision, ineligible for publication); case activity

T.T.H., aged 16,  challenged a circuit court decision waiving his case into adult court on the grounds that: (1) the record did not show that the circuit court gave “paramount consideration” to the juvenile’s best interests, and (2) the circuit court failed to give sufficient consideration to T.T.H.’s suitability for the Serious Juvenile Offender program.  Both challenges failed.

State v. C.M., 2016AP1321, 1/18/17, District 2 (one-judge decision; ineligible for publication); case activity

After charging J.M. in juvenile court with crimes ranging from child sexual assault to disorderly conduct, the State sought to waive J.M. into adult court by arguing that Lincoln Hills was not an appropriate place for C.M. because, according to the recent news reports, it is so awful. The circuit court cited the news reports in granting waiver. That was error, but it’s harmless because there are other facts in the record supporting the waiver decision.

State v. F.B., 2016AP497, 11/1/16, District 1 (one-judge decision; ineligible for publication); case activity

F.B. seeks reversal of the circuit court’s denial of a permanent stay of his obligation to register. No briefs are available and it is difficult to tell what his argument might have been; in any case the court of appeals holds the circuit court properly exercised its discretion.

State v. D.C.M., 2016AP1205-FT, 10/5/16, District 2 (1-judge opinion; ineligible for publication); case activity

The stay of a dispositional order in a juvenile case cannot be lifted unless the parties and the court follow the notice and hearing requirements of §938.34(16).  They failed to do so in this case, so the court of appeals reversed the circuit court’s order lifting the stay on D.C.M.’s sex offender registration.

The Juvenile Law Center just published a major report called Debtor’s Prison for Kids. It includes a searchable database showing costs, fines, fees and restitution for all 50 states, and it explains how the imposition of them leads to recidivism and racial disparity in our juvenile justice system. Read the New York Times article here or just go straight to the report.

State v. T.D.M., 2015AP2289, 4/20/16, District 2, (1-judge opinion; ineligible for publication); case activity

T.D.M. was charged with burglary and theft, as party to a crime, and obstructing an officer. The circuit court waived him into to adult court mostly because his “pattern of living” was more like an adult’s than a juvenile’s. That is, he was not reliant upon his mother for large periods of time. His whereabouts were unknown for at least 3 months in 2014. He allegedly had fathered a child. He did not attend school or avail himself of services. And he repeatedly violated curfew and came and went as he pleased. See ¶14.

State v. J.L.M., 2015AP1695, 4/19/16, District 1 (1-judge opinion, ineligible for publication); case activity

The State charged J.L.M. with one count of robbery with use of force, as a party to a crime, due to his alleged involvement with a group of youths who stole M.H.’s bike and struck him several times in the process. J.L.M. lost at trial and challenged the sufficiency of the evidence to support his conviction. 

State v. D. T., 2015AP1476, 3/1/2016, District 1 (one-judge opinion; ineligible for publication); case activity

D.T. asserts he was ambushed when the juvenile court took judicial notice of his file and sua sponte called a witness before lifting the stay of his five-year sentence; the court of appeals affirms after finding different grounds to lift the stay.

City of Milwaukee v. D.S., 2015AP1634, 2/2/16, District 1 (one-judge opinion; ineligible for publication); case activity

D.S., a juvenile, was ordered to register as a sex offender for life. On appeal, he argued that the circuit court relied on two types of inaccurate information: (1) a report, prepared by Dr. Paul Hesse, regarding the recidivism rate for juvenile sex offenders at Lincoln Hills, and (2) misinformation about the meaning of D.S.’s JSOAP-II scores.  He lost on both counts.