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
a. Effective assistance
Manitowoc County Human Services Dep’t v. Rebecca H, 2013AP421/422; 1/22/14; District 2 (not recommended for publication); case activity This is an appeal from an order terminating a couple’s parental rights to their daughter.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
Winnebago County DHS v. Christina M.C., 2013AP1519/1520; District 2; 11/27/13 (1-judge; ineligible for publication); case activity In the initial “grounds” stage of this TPR, the County and the GAL made several veiled references, plus one explicit reference, to the “bests of the child,” a topic that’s not to be addressed until stage 2. Christina moved to set… Read more
Jenna L.C. v. Dustin J.K.V., 2012AP2696, District 2, 5/29/13; court of appeals decision (1-judge, ineligible for publication); case activity The court of appeals rejects Dustin’s claim that his attorney was ineffective at the fact-finding hearing on a TPR petition alleging he had failed to assume parental responsibility for his daughter, Breyanna. Trial counsel did not… Read more
Dane County DHS v. Mable K., 2013 WI 28, reversing court of appeals summary order; case activity ¶3 We conclude, and the circuit court has acknowledged, that it erroneously exercised its discretion when it entered a default judgment finding that grounds existed to terminate Mable K.’s parental rights after barring her attorney from offering additional… Read more
Dunn County Human Services v. Eric R., 2011AP2416, District 3, 9/5/12 court of appeals decision (1-judge, ineligible for publication); case activity That counsel for the parent on a termination petition had, while serving as a family court commissioner 19 months earlier, entered a child support order against the parent, did not alone establish a conflict of… Read more
Grant Co. DSS v. Elizabeth M. R., 2012AP1059, District 4, 8/9/12 court of appeals decision (1-judge, ineligible for publication); case activity By failing to consider whether the child had a substantial relationship with the parent, § 48.426(3), the trial court erroneously exercised discretion in concluding that termination of parental rights was in the child’s bests… Read more
Michael B. v. Marcy M., 2011AP2846, District 2, 5/16/12 court of appeals decision (1-judge, not for publication); for Marcy M.: Jane S. Earle; case activity By responding (inadequately) to a TPR motion for summary judgment on grounds with a letter rather than evidence such as an affidavit, counsel provided ineffective assistance. ¶10 We disagree that counsel’s performance… Read more
