Court Error – Abuse of Discretion

By: Derek Hawkins//January 15, 2020//

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WI Court of Appeals – District IV

Case Name: State of Wisconsin v. S.E.M.T.

Case No.: 2019AP1004

Officials: BLANCHARD, J.

Focus: Court Error – Abuse of Discretion

S.E.M.T. appeals two orders waiving juvenile court jurisdiction over him, sending him to adult court to face charges that include first degree sexual assault and armed robbery. S.E.M.T. argues that the circuit court erroneously exercised its discretion in making its waiver decision based on the following determinations: (1) that S.E.M.T. would likely have the benefit of a longer period of appropriate treatment in the adult system than would be available to him in the juvenile system and (2) that the alleged conduct by S.E.M.T. appears to have been premeditated, despite the fact that the court also found that S.E.M.T. has an intelligence quotient (IQ) measured at 63. I disagree that the court erroneously exercised its discretion and accordingly 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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