State v. B.M., 2023AP1137, 11/14/23, District I (ineligible for publication); case activity Despite an intervening decision from SCOW which generated skepticism as to whether parents can obtain plea withdrawal when a circuit court miscommunicates the burden of proof in a TPR plea colloquy, COA nevertheless reverses and remands in this case presenting yet another “A.G.”… Read more
1. Admission to grounds
State v. B.W., 2022AP1329, District I, 9/12/23, PFR granted 12/11/23; affirmed 6/27/2024; (1-judge decision; ineligible for publication); case activity (briefs not available) In yet another TPR appeal presenting an alleged miscommunication of the dispositional burden of proof, COA’s close read of the record evidence prevents B.W. from obtaining a requested hearing. As we noted in… Read more
State v. A.G., 2023 WI 61, 6/30/23, reversing an unpublished decision of the court of appeals; case activity (briefs not available) In a closely-watched appeal involving tricky questions regarding plea withdrawal in TPR cases, a fractured court agrees that the court of appeals got it wrong but fails to otherwise develop the law. (See our… Read more
State v. S.S., 2022AP1179 & 2022AP1180, District I, 6/7/23 (one-judge decision; ineligible for publication); case activity (briefs not available) In yet another TPR appeal with a parent alleging a defective plea colloquy, the court of appeals finds that the State proved the plea was knowing, intelligent, and voluntary at a postdisposition hearing. At the time… Read more
State v. N.H., 2022AP1945, District 1, 03/14/2023, (one-judge decision, not eligible for publication) case activity This case presents a relatively straightforward application of how Bangert applies to termination of parental rights pleas. As noted by the decision, however, the Wisconsin Supreme Court is currently considering a more nuanced version of the issue in State v. A.G… Read more
State v. Y.P.V., 2022AP1935-36, 3/21/23, District 1 (1-judge opinion, ineligible for publication); case activity The court of appeals reversed and remanded this TPR for two reasons. First, the mom made a prima facie case that her “no contest” plea to grounds was not knowing, intelligent, and voluntary because, during the plea colloquy, the circuit court… Read more
State v. A.G., 2022AP652, two petitions for review of unpublished court of appeals opinions granted 10/11/22; reversed, 2023 WI 61; case activity Issues for review: From the State’s petition: Whether A.G., the father who lost his parental rights, knowingly, intelligently, and voluntarily pled “no contest” to grounds for termination of his rights. From the GAL’s petition… Read more
State v. M.J.C., 2022AP779, District 1, 10/4/22 (one-judge decision; ineligible for publication); case activity The court of appeals rejects M.J.C. attempt to withdraw his no contest plea to the petition to terminate his parental rights to J.C. To withdraw his plea, M.J.C. has to point to a defect in the court’s plea colloquy and assert… Read more
