B. Constitutional rights

Walworth County DH&HS v. Roberta J. W., 2010AP2248, District 2, 6/22/11 court of appeals decision (1-judge, not for publication); for Roberta J.W.: Lora B. Cerone, SPD, Madison Appellate, case activity By his overweening involvement in the trial process, evincing his prejudgment of the case and asking “countless questions of the witnesses” – to an extent… Read more

Sheboygan County DH&HS v. Wesley M., No. 2010AP2946, District 2, 6/15/11 court of appeals decision (1-judge, not for publication); for Wesley M.: Leonard D. Kachinsky; case activity ¶7        A parent is entitled to the effective assistance of counsel in termination of parental rights proceedings, and the applicable standards are those which apply in criminal cases… Read more

Winnebago County DHHS v. Thomas C. W., 2010AP847, District 2, 3/16/11 court of appeals decision (1-judge, not for publication); for Thomas C.W.: Theresa J. Schmieder; case activity Though trial counsel was ineffective with respect to a single discrete oversight – failure to lodge a meritorious motion for judgment notwithstanding verdict as to one of the… Read more

Portage Co. HHS v. Jesus S., 2010AP2698, District 4, 2/3/11 court of appeals decision (1-judge, not for publication); for Jesus S.: Theresa J. Schmieder; case activity For a no-contest plea to a TPR petition to be knowing and voluntary, the parent must be notified of the direct consequences of his or her plea, including an… Read more

State v. Troy J., 2010AP670, District 1, 1/25/11 court of appeals decision (1-judge, not for publication); for Troy J.: Randall E. Paulson, SPD, Milwaukee Appellate; case activity The judge presiding over disposition-phase of a TPR wasn’t required to disqualify himself where his daughter was employed to work in the guardian ad litem office of the… Read more

State v. Lorraine J. / Johnny J., 2010AP137, et al,District 1, 12/8/10 court of appeals decision (1-judge, not for publication); for Lorraine J.:  Melinda A. Swartz, SPD, Milwaukee Appellate; for Johnny J.: John J. Grau TPR – Right to Post-Disposition Visitation A termination order severs all parental rights, including visitation under § 48.43, ¶¶31-37. TPR – Vacated Order… Read more

Dane Co. DHS v. Susan P. S, 2010AP573, District 4, 12/9/10 court of appeals decision (1-judge, not for publication); pro se Determination of the “best interests of the child” at TPR disposition includes consideration of various factors, including the “wishes of the child.” The TPR court need not hear directly from the child, but may… Read more