Request to Inspect Records

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. A.S.W and J.P.W.

Case No.: 2015AP2119; 2015AP2120

Officials: HAGEDORN, J.

Focus: Request to Inspect Records

Douglas M. Yanko—the intervenor-appellant— appeals from an order of the circuit court denying him access to the juvenile court records of A.S.W. and J.P.W. Yanko was convicted of repeated sexual assault of a child and seeks to examine court and law enforcement records in these separate cases—both of which involved the same victim—for possible exculpatory evidence to use in his postconviction proceedings. He claims that the court should have granted his request to inspect the records under WIS. STAT. § 938.396(2) and (2g)(dm), or at least reviewed them in camera, before denying his request. He additionally claims that denying him access to the records violated his due process right to present a defense. We conclude that: (1) Yanko has no statutory right to inspect the juvenile records for possible exculpatory evidence, (2) the court did not otherwise erroneously exercise its discretion in denying his request without an in camera review, and (3) denying Yanko access to the records did not violate due process. Accordingly, we affirm the circuit court’s order.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.