State v. J.W., 2017AP689-690, 2/27/18, District 1 (1-judge opinion, ineligible for publication); case activity J.W. appealed a circuit court order terminating her parental rights to her 2 children and argued that (1) her trial lawyer misadvised her to enter a no-contest plea to grounds for termination and didn’t try hard to find a relative to… Read more
6. No parental responsibility
Manitowoc County Human Serv. Dep’t v. J.K., 2017AP2371, 2/21/18 (1-judge opinion, ineligible for publication); case activity If you handle TPR cases, this opinion is worth reading because the appellant raised creative arguments regarding, for example, the proper legal standard for summary judgment and a court’s ability to take judicial notice of its own records. She… Read more
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
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
Racine County Human Services Dep’t v. C.C., 2017AP750, District 2, 10/11/17 (one-judge decision; ineligible for publication); case activity The evidence presented at the fact-finding hearing in C.C.’s TPR proceeding was sufficient to establish that she failed to assume parental responsibility under § 48.415(6). C.C. argues the evidence is insufficient to find that she failed to assume… 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
State v. F.J.R., 2017AP558 & 559, 6/13/17, District 1 (one-judge decision; ineligible for publication); case activity F.J.R. appeals the termination of her parental rights to her two children. She argues that the court’s pretrial suspension of visitation with one of the children prejudiced her in various ways. The court of appeals disagrees. The county authority… Read more
State v. B.H., 2016AP892-893, District 1, 12/28/16 (1-judge opinion, ineligible for publication) B.H.’s twins were taken from her due to a report of violence between her and their father. The trial court found that she had failed to meet the conditions for their return and to assume parental responsibility. B.H. argues that those findings rest upon inadmissible… Read more