C.T.L. v. M.L.K., 2023AP402, District III, 7/11/23, 1-judge decision ineligible for publication; case activity (briefs not available) The court of appeals confronts two alleged errors stemming from M.L.K.’s TPR jury trial and affirms based on harmless error. This is an appeal of a comparatively rare privately-filed TPR action initiated by “Mary’s” paternal grandparents against Mary’s… Read more
25. TPR
Winnebago County Department of Human Services v. N.J.D., 2023AP75, 05/03/2023 (District 2) (one-judge opinion, ineligible for publication); case activity Presented with two strong bases to reverse, the court of appeals picks one and holds that because the record “fails to demonstrate that N.D. waived his right to counsel,” the order terminating his parental rights to… Read more
N.D. v. E.S., 2022AP1084, District 2, 01/25/23 (one-judge decision; ineligible for publication); case activity Nancy (N.D.) petitioned to terminate Ed’s (E.D.’s) parental rights on the grounds that he abandoned their daughter, Kim. See Wis. Stat. § 48.415(1). At trial, Ed asserted a “good cause” defense that Nancy prevented him from having contact with Kim, and… Read more
For the 2015 SPD conference, Judge Sankovitz and Attorneys Rob Henak and Melinda Swartz prepared an excellent outline on a problem that plagues many defense lawyers on appeal. They have a great issue. They win it, but then the court of appeals or supreme court finds the error harmless. This detailed, well-researched outline walks you… Read more
Waukesha County DH&HS v. Jennifer L. H., 2010AP2990, District 2, 7/13/11 court of appeals decision (1-judge, not for publication); for Jennifer L.H.: Suzanne L. Hagopian, SPD, Madison Appellate; case activity Evidence held sufficient to prove Jennifer’s failure to assume parental responsibility as TPR ground, notwithstanding that she lived with the child and helped raise him from… Read more
State v. Darrell K., 2010AP1910, District 1, 10/19/10 court of appeals decision (1-judge, not for publication); for Darrell K.: Jereny C. Perri, SPD, Milwaukee Darrell’s right to counsel was violated when the trial court granted counsel’s motion to withdraw then found Darrell in default as to grounds while he was unrepresented. State v. Shirley E… Read more
Waukesha County DH&HS v. Michelle P., 2009AP1087, District 2, 8/25/10 court of appeals decision (1-judge, not for publication); for Michelle P.: Eileen A. Hirsch, SPD , Madison Appellate Authority of the local department to suspend visitation without judicial approval is an “interesting” issue, but one that need not be reached under these facts because the… Read more
State v. Shirley E., 2006 WI 129, affirming 2006 WI App 55 For Shirley E.: Andrea Taylor Cornwall, SPD, Milwaukee Appellate Issue/Holding: ¶63 Depriving a parent of the statutory right to counsel in a termination of parental rights proceeding deprives the parent of a basic protection without which, according to our legislature, a termination of… Read more
