Dane Co. DHS v. Laura E.N., No. 2010AP1172, District 4, 7/29/10 court of appeals decision (1-judge, not for publication); for Laura E.N.: Jean K. Capriotti TPR – Evidence Evidence that the mother was caring for an infant son not under CHIPS order wasn’t relevant to her ability to meet conditions for the return of her… Read more
2. Counsel
State v. Chester C., 2009AP2824, District I, 5/4/10 court of appeals decision (1-judge; not for publication); for Chester C.: Dianne M. Erickson TPR – Effective Assistance of Counsel Failure to demonstrate prejudice within the meaning of Strickland dooms this ineffective-assistance claim that trial counsel failed to object to various hearsay statements: ¶7 Other than complaining… Read more
court of appeals decision (1-judge, not for publication); for Keri H.: Leonard D. Kachinski IAC Claim – TPR “The decision not to emphasize events preceding the current termination petitions was a reasonable strategic choice and does not constitute ineffective assistance of counsel,” ¶11. Separately: counsel did not perform deficiently in his efforts to obtain Keri… Read more
court of appeals decision TPR – Forfeiture of Jury Trial Failure to appear at initial hearing and make timely request forfeited right to jury trial; trial court’s ultimate refusal to enter default judgment “did not return the case to the initial hearing stage or reinstate Luis’s right to a jury trial”; nor did filing of… Read more
State v. Shirley E., 2006 WI 129, affirming 2006 WI App 55 Issue: “(W)hether a circuit court may deny a parent in a termination of parental rights proceeding the statutory right to counsel when the parent has appeared in the proceeding but failed to personally attend a hearing in contravention of a court order and… Read more
State v. Shirley E., 2006 WI 129, affirming 2006 WI App 55 ¶57 The State also argues that Shirley E., a parent over 18 years of age, has waived her right to counsel by not appearing personally. We can quickly dismiss this argument. Wisconsin Stat. § 48.23(2) explicitly requires that any waiver of counsel must be… Read more
Dane County DHS v. Susan P.S., 2006 WI App 100, PFR filed 5/15/06 Issue/Holding: Holding the dispositional hearing beyond the 45-day time limit set by § 48.424(4) did not deprive the trial court of competency to proceed, where good cause existed for continuance under § 48.315(2), namely that the respondent’s attorney was going to be… Read more
Dane County DHS v. Susan P.S., 2006 WI App 100, PFR filed 5/15/06 (published) Issue/Holding1: The same “self-representation competency standards developed in … criminal cases” applies to TPRs, ¶¶9-16. Standards summarized, ¶¶17-23. Though much of this recitation is fairly abstract, the following embellishment of Pickens v. State, 96 Wis. 2d 549, 292 N.W.2d 601 (1980) may be… Read more
