Aaron W.M. v. Britany T.H., 2013AP2123, District 4, 2/13/14; court of appeals decision (1-judge; ineligible for publication); case activity Britany claimed trial counsel was ineffective for not objecting to: 1) hearsay testimony from the child’s father that related incidents of Britany’s bad parenting; and 2) the petitioner’s “golden rule” rule argument during closing, which asked… Read more
6. No parental responsibility
Patrick J.T. v. Shelly S., 2013AP778 and 2013AP779, District 4, 6/13/13; court of appeals decision (1-judge; ineligible for publication); case activity: 2013AP778; 2013AP779 Under the totality-of-the-circumstances standard for determining whether a parent has assumed parental responsibility, Tammy W-G. v. Jacob T., 2011 WI 30, ¶22, 333 Wis. 2d 273, 797 N.W.2d 854, the evidence was… 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
Langlade County DSS v. Michael P., 2013AP385, 2013AP386, & 2013AP387, District 3, 5/21/13; court of appeals decision (1-judge, ineligible for publication); case activity: 2013AP385; 2013AP386; 2013AP387 Sufficiency of evidence Based on the entire record of the fact-finding hearing, the court of appeals concludes there was sufficient evidence that Michael P. failed to assume parental responsibility… Read more
Dane County DHS v. John L.-B., 2013AP462, District 4, 5/16/13; court of appeals decision (1-judge, ineligible for publication); case activity This decision rejects Dane County’s appeal from the dismissal of a TPR petition after a jury verdict in favor of the parent. Here’s the factual background: Dane County filed a TPR petition against John L.-B. in… Read more
State v. Angie A., 2012AP2240, District 1, 2/20/13; court of appeals decision (1-judge, ineligible for publication); case activity The state properly brought TPR petition alleging grounds under Wis. Stat. § 48.415(2) (continuing need of protection and services) and § 48.416(6) (failure to assume parental responsibility) instead of § 48.415(3) (continuing parental disability, a ground that… Read more
Langlade County Dept. of Social Services v. Rebecca D., 2010AP2497, District 3, 11/15/11 court of appeals decision (1-judge, not for publication); for Rebecca D.: William E. Schmaal, SPD, Madison Appellate; case activity ¶19 On the facts adduced at trial, Rebecca clearly failed to assume parental responsibility for Anthony, pursuant to the standards set forth in Wis. Stat. § 48.415(6). Anthony… Read more
State v. Cedrick M., 2010AP3011, District 1, 8/30/11 court of appeals decision (1-judge, not for publication); for Cedrick M.: John J. Grau; case activity Directed verdict as to grounds for termination held permissible, citing Door Cnty. DHFS v. Scott S., 230 Wis. 2d 460, 602 N.W.2d 167 (Ct. App. 1999), ¶¶10-11. The trial court was empowered to… Read more
