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TPR verdict and dispositional order affirmed
State v. T.H.-M., 2024AP1271-1273, District I, 10/29/24 (one-judge decision; ineligible for publication); case activity In another dense and fact-specific opinion, COA holds that the evidence was sufficient to support a finding that the parent was unfit and rejects T.H.-M.’s argument that the circuit court improperly weighed the evidence at disposition.
- 1. Appeals
- 3. Continuing CHIPS
- D. Grounds, Sec. 48.415
- F. Fact-finding, Sec. 48.424
- 6. No parental responsibility
- G. Disposition, Secs. 48.426-427
- 8. Discretionary decision
- 10. Sufficiency of
- 11. Termination of rights
- K. Standards of Review
- 12. Unfitness finding
- 40. TPRs
November 4, 2024
COA: Evidence sufficient to affirm verdict finding grounds to terminate parental rights; cir. ct. did not erroneously exercise discretion in terminating rights.
Waukesha County Dept. of Health & Human Services v. M.M.M., 2024AP1622, 10/30/24, District II (one-judge decision; ineligible for publication); case activity In a straightforward case addressing sufficiency of the evidence, the COA affirmed the circuit court’s order to terminate M.M.M’s (referred to as Mary) parental rights. The Court found that the evidence was sufficient to […]
- C. Unpublished Opinions
- 3. Continuing CHIPS
- D. Grounds, Sec. 48.415
- F. Fact-finding, Sec. 48.424
- 6. No parental responsibility
- G. Disposition, Secs. 48.426-427
- 10. Sufficiency of
- 12. Unfitness finding
- 40. TPRs
- 46. WI Court of Appeals
November 1, 2024
COA holds that juvenile interrogated in “closet size” room by SRO was not in custody; finds evidentiary error harmless, and affirms
State v. K.R.C., 2023AP2102, 10/30/24, District II (1-judge decision, ineligible for publication); case activity In a “close” suppression appeal, COA confronts a fact pattern arising from the intersection between policing and school discipline, finds that a reasonable 12-year old would have felt free to walk away from interviews with law enforcement and school authorities on […]
COA reverses order dismissing charge for failing to register as sex offender; defendant required to register when cir. ct. ordered registration at sentencing after revocation of probation, even though registration not required when defendant placed on probation.
State v. Kayden Young, 2021AP1596-CR, 10/29/24, District III (recommended for publication); case activity In a case recommended for publication, the Court of Appeals reversed the circuit court’s order dismissing the charge against Kayden Young for failing to comply with the sex offender registration requirements. Where the circuit court did not require Young to register as […]
- 1. 301.45, sex off. registration
- 1. Objection requirement
- 1. Appeals
- A. Ch. 301: Corrections
- B. Published opinions
- 2. Motion to dismiss
- D. Waiver of issues/arguments
- e. Failure to highlight issue
- 6. Court may ignore waiver
- 9. Crimes
- 12. State's waiver
- Published 2024
- 46. WI Court of Appeals
October 30, 2024
Default judgment for failing to appear at TPR hearings affirmed.
Dane County v. L.D.D., 2024AP1267, District IV, 10/24/24 (one-judge decision; ineligible for publication); case activity The Court of Appeals affirmed the circuit court’s order terminating L.D.D.’s parental rights after it entered default judgment when she did not appear at the hearing on grounds to terminate or the disposition hearing. The Court also affirmed the circuit […]
- C. Unpublished Opinions
- 4. Default judgment
- E. Procedure
- 8. Rehearing
- 40. TPRs
- 46. WI Court of Appeals
October 28, 2024
Defense Win: In decision not recommended for publication, COA holds defendant must understand “the purpose element” of sexual contact before entering plea
State v. Goth, 2024AP519-CR, 10/10/24, District IV (not recommended for publication); case activity Goth challenges his plea to an amended charge of third-degree sexual assault. The parties agree he made a prima facie showing that the circuit court erred at the plea by failing to ascertain his awareness of “the purpose element” of sexual contact. […]
October 21, 2024
COA rejects argument that circuit court made incorrect dispositional findings and affirms
State v. C.M., 2024AP1416-1418, District I, 10/15/24 (one-judge decision; ineligible for publication); case activity The parent’s challenge to the court’s discretionary termination decision goes nowhere given the standard of review.
- 1. Appeals
- C. Unpublished Opinions
- G. Disposition, Secs. 48.426-427
- 8. Discretionary decision
- K. Standards of Review
- 40. TPRs
- 46. WI Court of Appeals
October 16, 2024
COA affirms circuit court’s refusal to instruct jury regarding “impossibility” at respondent’s trial to terminate parental rights because respondent not incarcerated when conditions of return were imposed.
Fond du Lac County Dept. of Social Services v. T.P.W., Jr., 2024AP553, 10/9/24, District II (one-judge decision; ineligible for publication); case activity COA affirms circuit court’s decision refusing to instruct jury regarding “impossibility” at T.P.W.’s trial to terminate his parental rights because he was incarcerated two months after conditions for return were ordered and his […]
- B. Constitutional rights
- C. Unpublished Opinions
- D. Grounds, Sec. 48.415
- 11. Impossible condition
- 40. TPRs
- 46. WI Court of Appeals
October 14, 2024
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