STATE v. JERRELL C.J.,

No. 2002AP3423.

283 Wis.2d 145 (2005)

2005 WI 105

699 N.W.2d 110

IN the INTEREST OF JERRELL C.J., a person Under the Age of 17: STATE of Wisconsin, Petitioner-Respondent, v. JERRELL C.J., Respondent-Appellant-Petitioner.

Supreme Court of Wisconsin.

Decided July 7, 2005.


Attorney(s) appearing for the Case

For the respondent-appellant-petitioner there were briefs and oral argument by Eileen A. Hirsch, assistant state public defender.

For the petitioner-respondent the cause was argued by Gregory M. Weber, assistant attorney general, with whom on the brief was Peggy A. Lautenschlager, attorney general.

An amicus curiae brief was filed by Steven A. Drizin, Chicago, IL, on behalf of the Children and Family Justice Center Northwestern University School of Law; Marygold S. Melli, Professor Emerita, Madison, on behalf of the University of Wisconsin Law School; and Marsha L. Levick, Philadelphia, PA, on behalf of the Juvenile Law Center.

An amicus curiae brief was filed by Keith A. Findley and John A. Pray, Madison, on behalf of the Wisconsin Innocence Project of the Frank J. Remington Center-University of Wisconsin Law School; Barry C. Scheck, Peter Neufeld, Madeline deLone, New York, NY, on behalf of the Innocence Project of the Benjamin N. Cardozo School of Law-Yeshiva University; Julie Jonas, St. Paul, MN, on behalf of the Innocence Project of Minnesota-Hamline University School of Law; Bill Allison, Austin, TX, on behalf of the Innocence Clinic and Criminal Defense Clinic-University of Texas School of Law; Jacqueline McMurtrie, Seattle, WA, on behalf of the Innocence Project NW Clinic-University of Washington School of Law; Theresa A. Newman, Durham, NC, on behalf of the Center on Actual Innocence; Emily Maw, New Orleans, LA, on behalf of the Innocence Project New Orleans; Binny Miller, Washington, D.C., on behalf of the Criminal Justice Clinic-American University, Washington College of Law; Richard Leo, Irvine, CA, on behalf of the Department of Criminology, Law and Society-University of California-Irvine; Dr. Robert Schehr, Flagstaff, AZ, on behalf of the Northern Arizona Justice Project and Department of Criminal Justice-Northern Arizona State University; Andre Moenssens, Columbia City, IN, on behalf of the University of Missouri-Kansas City; the Center on Wrongful Convictions-Northwestern University School of Law, Chicago, IL; the Innocence Project of the National Capital Region-American University-Washington College of Law, Washington, D.C.; National Association of Criminal Defense Lawyers, Washington, D.C.; and the Wisconsin Association of Criminal Defense Lawyers, Monona.


¶ 1. ANN WALSH BRADLEY, J.

The petitioner, Jerrell C.J., seeks review of a published decision of the court of appeals affirming a delinquency adjudication and the denial of a postdisposition motion.1 Jerrell was adjudged delinquent for the commission of armed robbery, party to a crime.

¶ 2. This case presents three distinct but related issues. First, Jerrell contends that his...

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