On Point blog, page 1 of 1
SCOW: waiver in any county means adult jurisdiction in every county
State v. Matthew Hinkle, 2019 WI 96, 11/12/19, affirming a published court of appeals decision, 2017AP1416, case activity (including briefs)
We’ve posted on this case twice before, first on the published court of appeals decision and then on the supreme court’s grant of the petition for review. The question is easily posed: the statute says that a juvenile is subject to automatic adult court jurisdiction if “the court assigned to exercise jurisdiction under [chs. 48 and 948] has waived its jurisdiction over the juvenile for a previous violation” and the previous case is either pending or ended in conviction. Does “the court” in that phrase mean any juvenile court in the state (so that waiver in any county would forever precluded juvenile jurisdiction in every county), or does it mean the specific juvenile court in the county where criminal charges are contemplated (so that each county would have a chance to make the waiver decision in its own courts)?