B. Constitutional rights

Derrick P. v. Anita P., 2014AP2570 & 2014AP2571, District 4, 7/23/15 (one-judge decision; ineligible for publication); case activity Anita P. raised equal protection and due process challenges to § 48.415(4)(a) for the first time on appeal, and the court of appeals finds it’s not in the interest of justice to decide the challenges. We describe… Read more

Kenosha County DHS v. A.C., 2015AP151, District 2, 7/22/15 (one-judge decision; ineligible for publication); case activity Trial counsel for A.C. in his TPR proceeding wasn’t ineffective for failing to tell A.C. that his incarceration was not enough by itself to terminate his parental rights or for failing to challenge the TPR proceeding on the basis that the grounds were unconstitutional as… Read more

State v. Kiwana L., 2014AP2306, District 1, 1/13/15 (1-judge decision; ineligible for publication); case activity Kiwana L.’s substantive due process rights were not violated by the conditions set by the circuit court for return of her daughter Jasmine because those conditions were narrowly tailored to address her mental health issues; thus, the termination of her parental rights… Read more

Racine County HSD v . Latasia D.M., 2014AP1672/1673, 12/23/14, District 2 (1-judge opinion, ineligible for publication); case activity The stand out in this multi-issue TPR case is whether the circuit court erred in denying Latasia’s permission to withdraw her jury demand. The court of appeals answered “no” because even though § 48.31(2) and §48.422(4) set forth the procedures for… Read more

Portage County DHHS v. Julie G., 2014AP1057, District 4, 7/31/14 (1-judge; ineligible for publication); case activity The record shows Julie received the warnings required under § 48.356 even though the relevant notice form did not have her signature. In addition, Julie’s substantive due process rights were not violated because the conditions for return of her… Read more

Dane County DHS v. Latasha G., 2014AP45 & 2014AP46, District 4, 4/3/14; court of appeals decision (1-judge; ineligible for publication); case activity: 2014AP45; 2014AP46 Latasha argues she was determined to be unfit based on a condition that was impossible for her to satisfy due to an order in criminal cases barring any contact with the… Read more

Manitowoc County Human Services Dep’t v. Rebecca H, 2013AP421/422; 1/22/14; District 2 (not recommended for publication); case activity This is an appeal from an order terminating a couple’s parental rights to their daughter.  They claimed their trial lawyer provided ineffective of assistance of counsel by failing to object to the admission of various types of… Read more