Abuse of Discretion-Waiver to Adult Court

WI Court of Appeals – District III

Case Name: State of Wisconsin v. A. V.

Case No.: 2026AP000359

Officials: Geenen, J.

Focus: Abuse of Discretion-Waiver to Adult Court

A.V., age sixteen, was charged with severely abusing her one-month-old son, causing life-threatening injuries. After an evidentiary hearing, the circuit court denied the State’s initial request to transfer the case to adult court, finding that although the offenses were extremely serious, A.V.’s lack of prior record, responsiveness to treatment, immaturity, and the rehabilitative services available in the juvenile system favored retaining juvenile jurisdiction.

After A.V. turned seventeen, the State filed a second waiver petition, alleging she had repeatedly violated a no-contact order by communicating with the child’s father. The Court of Appeals concluded that § 938.18(2) did not authorize a second waiver petition under these circumstances. That statute applies when a juvenile reaches age seventeen before adjudication because of unforeseen circumstances, such as the juvenile’s unlawful conduct delaying the proceedings, not simply because the case remained pending.

Treating the filing as a motion for reconsideration, the court held the circuit court properly denied it without another evidentiary hearing. The alleged no-contact violations would not have changed the waiver analysis, which centered on A.V.’s rehabilitation prospects and the benefits of juvenile treatment. Moreover, the evidence was not truly “newly discovered” because it could have been uncovered before the original waiver hearing through reasonable diligence.

Affirmed.

Decided 06/30/26

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