Legal Opinion
State v. Phillips
Court of Appeals of Wisconsin
Decided December 18, 2013No. 2012AP2103-CRPublishedCited by 2 opinions
1Opinion of the CourtReilly, J.
¶ 1. Cody Phillips, a juvenile, was improperly waived into adult court as state statute prevented waiver on one of the two counts for which he was waived. Phillips sought remand to the juvenile court. The adult court refused to return Phillips to the juvenile court, and Phillips appeals. We agree that remand to the juvenile court was required as the juvenile court lacked competency to waive its jurisdiction over one of the counts upon which Phillips's waiver was based, rendering the waiver order invalid and ineffective.
BACKGROUND
¶ 2. On March 8, 2010, the State filed a delinquency petition in…
2Cases cited9 opinions
- In Interest of PAKWisconsin Supreme Court · 1984
- Green County Department of Human Services v. H.N.Wisconsin Supreme Court · 1991
- Village of Elm Grove v. Richard K. BrefkaWisconsin Supreme Court · 2013
- State v. AufderhaarWisconsin Supreme Court · 2005
- State v. LeQueCourt of Appeals of Wisconsin · 1989
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3Cited by2 opinions
- State v. A.L. (In re Interest of A.L.)Wisconsin Supreme Court · 2019
- State v. A. L.Wisconsin Supreme Court · 2019