State v. L.M.O., 2017AP1814, District 1, 2/13/18 (one-judge decision; ineligible for publication); case activity L.M.O. argues that there was insufficient evidence for the circuit court to find that he failed to assume parental responsibility for his child D.A.M. He also argues the court’s findings violated his due process rights because they were based on D.A.M.’s… Read more
B. Constitutional rights
State v. A.S., 2017AP1349, District 1, 1/9/18 (one-judge decision; ineligible for publication); case activity The circuit court properly exercised its discretion in refusing to adjourn the disposition hearing in A.S.’s termination of parental rights proceeding after A.S. failed to appear, and the subsequent termination order didn’t violate A.S.’s rights to be present and to participate… Read more
Kenosha County DHS v. V.J.G., 2017AP1150 & 2017AP1151, District 2, 12/27/17 (one-judge decision; ineligible for publication); case activity V.J.G.’s failed to appear at the pretrial and grounds trial in the TPR proceedings regarding his children. The circuit court then discharged V.J.G.’s lawyer, set a new evidentiary and dispostional hearing, and terminated V.J.G.’s parental rights. The court of… Read more
State v. D.C., 2016AP2229-2230, District 1, 11/30/17 (1-judge opinion, ineligible for publication); case activity During the grounds phase of her TPR proceeding, D.C.’s lawyer asked the trial court to: (1) instruct the jury that she was prohibited from having visitation with her children for a period of time, and (2) give curative instructions that it… Read more
State v. C.L.K., 2017AP1413 & 2017AP1414, District 1, 10/10/17 (one-judge decision; ineligible for publication), petition for review granted 3/14/18, reversed, 2019 WI 14; case activity The circuit court directed a verdict in favor of the state during the grounds phase of the TPR proceedings against C.L.K. without allowing him the opportunity to present evidence. The court of appeals… Read more
M.R.B. v. S.S., 2017AP1217-1219, 10/5/17, District 4 (1-judge opinion, ineligible for publication); case activity This slim opinion delivers hard blows to a father resisting the termination of his parental rights. They concern circuit court competency, a request for a continuance, and the sufficiency of evidence in determining whether termination was in the best interests of… Read more
Dane County DHS v. N.C., 2017AP788, District 4, 9/21/17, District 4 (1-judge opinion, ineligible for publication); case activity N.C. filed a postdisposition motion challenging the circuit court’s termination of her parental rights to M.M. She argued, among other things, that her trial lawyer was ineffective in failing to have the termination order entered as voluntary… Read more
State v. S.D., 2016AP1701-1702, 7/5/17, District 1, (1-judge opinion, ineligible for publication); case activity This TPR appeal raises a number of interesting issues ranging from a Daubert challenge to the State’s psychologist and “parenting capacity assessment” to an ineffective assistance of counsel claim for failure to raise an “unconstitutional as applied” challenge to the standard… Read more
