Cheyne Monroe v. Chad Chase, 2021 WI 66, 6/22/21, on certification from the court of appeals and reversing a circuit court judgment; case activity (including briefs) One of the elements of a claim for malicious prosecution is that the baseless prior action must have terminated in favor of the party asserting malicious prosecution. The supreme court… Read more
D. Grounds, Sec. 48.415
Eau Claire County DHS v. S.E., 2021 WI 56, affirming a published court of appeals opinion, 2019AP894, 6/10/21, case activity In a 4-3 decision, SCOW holds that a 2018 amendment to the TPR statute, which imposed a more exacting timeframe for parents to preserve their parental rights, applied to a CHIPS order entered in 2016… Read more
State v. A.M.-C., 2021AP94 & 2021AP95, 3/30/21, District 1 (one-judge decision; ineligible for publication); case activity The state petitioned to terminate A.M.-C.’s rights to two of her children on failure-to-assume and continuing-CHIPS grounds. After being told (apparently via interpreter, as Spanish is her first language) that she had to attend all hearings, A.M.-C. moved to… Read more
State v. V.R., 2020AP798 & 2020799, 1/26/21, Distrct 1 (1-judge opinion; ineligible for publication); case activity This is an appeal from an order terminating V.R.’s parental rights. The court of appeals rejected a no-merit report because the record revealed that neither defense counsel nor the circuit court had discussed the meaning of a “substantial parental… Read more
State v. J.T., 2020AP1151, 1/5/21, District 1 (1-judge opinion, ineligible for publication); case activity E.W. was placed in foster care shortly after birth. Her dad, J.T., was incarcerated then. He remained so a year later when the State filed a TPR petition against him on the grounds that he failed to establish a substantial relationship… Read more
Barron County DHS v. M.S., 2020AP1257, District 3, 12/17/20, (1-judge opinion, ineligible for publication); case activity If we were quarantining in Vegas, we’d bet this case is heading to SCOW. The briefs are confidential but the main issues appear to be: whether the summary judgment deadline in §802.08(1) governs TPR cases; whether a court may… Read more
Eau Claire County DHS v. S.E., 2019AP894, review of a published opinion granted 10/21/20, case activity. When the court orders a child in need of protection or services (“CHIPS”) placed outside the family home, a parent’s rights may be terminated if he or she fails to meet the conditions for the child’s return in the… Read more
Racine County DHS v. W.L.J., 2020AP197-198, October 14, 2020, District 2 (1-judge opinion, ineligible for publication); case activity Good news for defense lawyers in TPR cases. The court of appeals means business. This is the third time in less than a year that it has reversed a termination of parental rights order due to a… Read more
