Abuse of Discretion – Sufficiency of Evidence

By: Derek Hawkins//June 18, 2019//

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. T.J.B.

Case No.: 2018AP2449

Officials: NEUBAUER, C.J.

Focus: Abuse of Discretion – Sufficiency of Evidence

T.J.B. appeals from an order granting the State’s motion waiving juvenile jurisdiction for a delinquency petition filed against him. T.J.B. argues the court erroneously exercised its discretion when it failed to sufficiently consider evidence related to the statutory criteria for waiver and that certain of the court’s findings were unsupported by the record. Because the court examined relevant evidence and used a rational process of applying that evidence to the criteria listed in WIS. STAT. § 938.18(5), we conclude the court properly considered the interests of the juvenile and the public and exercised its discretion without error. We affirm.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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