State v. Toliver

Defendant was a juvenile when he was charged with attempted first-degree intentional homicide, which is an offense enumerated in Wis. Stat. 938.183(1)(am). At the preliminary hearing held pursuant to Wis. Stat. 970.032(1), the circuit court stated that “there is probable cause to believe a felony has been committed” and ordered that the adult court retain original jurisdiction over Defendant. At issue on appeal was whether the adult court failed to find probable cause of a violation of the specific crime charged under section 938.183(1), as required by 970.032(1) for an adult court to retain exclusive original jurisdiction over a juvenile. The Supreme Court concluded that the bindover and prosecution of Defendant in adult court were proper, holding that the circuit court made the finding required by section 970.032(1) that there was probable cause to believe Defendant committed the specific section 938.183(1) crime charged in the complaint. View "State v. Toliver" on Justia Law