S.N. v. State
S.N. v. State
Opinion of the Court
S.N’s petition for leave to appeal the juvenile court’s nonfinal order waiving its juvenile jurisdiction is granted.
A delinquency petition was filed on September 22, 1986, alleging that S.N., then seventeen years old, had violated secs. 161.41(3m) and 946.41(1), Stats, (possession of a controlled substance and obstructing an officer). A second petition was filed on September 25, 1986, alleging violations of secs. 943.10(l)(a) and 946.41(1), Stats, (burglary and resisting an officer). A petition for waiver of juvenile jurisdiction was filed in connection with each delinquency petition. S.N. contested the waiver petitions.
A waiver hearing commenced on October 8, 1986 and, after a partial hearing, was adjourned to October 9. On that date, the state called as a witness Gary Kapitan, a social worker with the Kenosha County
We first address whether the J. V.R. case controls under the circumstances of this case. In J.V.R., the supreme court held that a waiver petition which cited only the allegations of the delinquency petition, rather than facts going to the criteria for waiver set out in sec. 48.18(5), Stats., was inadequate. The requirement of sec. 48.18(2) that a waiver petition contain a "brief statement of the facts supporting the request for waiver” meant, the court held, that the petition must identify the facts upon which the state would rely in seeking to have the juvenile tried as an adult. J.V.R., 127 Wis. 2d at 200, 378 N.W.2d at 269-70. The court stated:
Section 48.18(2), operates to provide the juvenile with notice of the facts upon which the state will rely in seeking waiver so that the juvenile can focus his defense on the relevant factors from sec. 48.18(5). A waiver petition which merely refers to*274 the factors contained in sec. 48.18(5) will not suffice. The waiver petition must briefly state the facts the state will offer at the hearing.
Id. at 201-02, 378 N.W.2d at 270.
The waiver petitions in the present case are not alleged to be deficient under J.V.R.
We turn, then, to the question of whether the statutes or due process constraints limit the court’s consideration of additional facts.
Section 48.18(5), Stats., states:
If prosecutive merit is found, the judge, after taking relevant testimony which the district attorney shall present and considering other relevant evidence, shall base its decision whether to waive jurisdiction on the following criteria[.] [Emphasis added.]
We conclude that the Children’s Code does not prohibit the juvenile court from using independent information relevant to waiver, such as the county department of social services’ waiver investigation report admitted in the present case. The juvenile court’s function of protecting the child and the public through its decision on waiver, see sec. 48.18(6), Stats., is, indeed, best served when the court has access to the fullest information possible.
S.N. does complain that the report is dominated by hearsay and lacks sufficient demonstrable circumstantial guarantees of trustworthiness to justify its admission. See sec. 48.299(4)(b), Stats. The record fails to show that S.N. objected to the report’s admission on this ground or asked the court to determine the reliability of the evidence, see D.H., 76 Wis. 2d at 301, 251 N.W.2d at 204; the issue has therefore been waived. See State v. Holt, 128 Wis. 2d 110, 124, 382 N.W.2d 679, 686 (Ct. App. 1985).
S.N. next contends that the juvenile court erred in not ordering that S.N. receive a psychological examination, pursuant to its discretionary power under sec. 48.295(1), Stats. S.N. argues that the court relied on hearsay in the social worker’s report and testimony concerning S.N.’s history of psychological problems and attempts at treatment and concluded from this inadequate evidence that little realistic potential existed for response to future treatment efforts in the juvenile system.
S.N.’s final claim is that, particularly in light of the proximity of his eighteenth birthday (February 4, 1987) to these proceedings, the passage of fifty-two days from the date of the first petition until the court reached its decision regarding waiver deprived him of his due process rights. Such a delay, he argues, made waiver more likely because the time available for treatment within the juvenile system was decreased.
It appears that at least one of the several adjournments was due to the unavailability of defense counsel. Further, while prompt resolution of waiver is desirable, there is no indication that the waiver proceedings here were unreasonably delayed or that the adjournments were the result of negligence or were deliberate attempts to make waiver more likely. Cf. State v. Becker, 74 Wis. 2d 675, 677, 247 N.W.2d 495, 496 (1976), and State v. Avery, 80 Wis. 2d 305, 310-11, 259 N.W.2d 63, 65 (1977). We cannot conclude
By the Court. — Order affirmed.
This case was ordered by the chief judge to be decided by a three-judge panel pursuant to sec. 809.41, Stats.
The petitions assert, in support of waiver, facts falling into three of the four criteria of sec. 48.18(5), Stats., the criterion of subsec. (d) being evidently inapplicable to the proceedings. The petitions make reference to the seriousness of the charged offenses; S.N.’s prior record, of which the petitions ask the juvenile court to take judicial notice; S.N.’s proximity to age eighteen, as relevant to the insufficiency of time available for effective treatment within the juvenile justice system; the fact that S.N. was absent without leave from an Illinois juvenile facility, and was thus the subject of a warrant for apprehension and/or detention, at the time of the alleged offenses; and the alleged previous exhaustion of the least restrictive alternatives.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.