5. Directed verdict on element

E.M.K. v. Z.T.R., 2018AP1896, District 2, 5/1/19 (1-judge opinion, ineligible for publication); case activity That’s the upshot of this court of appeals decision. Before terminating a biological father’s parental rights, there must be a finding that he “failed to assume parental responsibility” under §48.415(6). But what if there is a dispute about whether he is actually… Read more

State v. C.L.K., 2017AP1414, petition for review of an unpublished court of appeals opinion granted 3/14/18; case activity Issues: 1. Where, during the grounds phase of a TPR trial, the circuit court errs by directing a verdict in favor of the State without giving the respondent an opportunity to present evidence, has the court committed… Read more

State v. C.L.K., 2017AP1413 & 2017AP1414, District 1, 10/10/17 (one-judge decision; ineligible for publication), petition for review granted 3/14/18, reversed, 2019 WI 14; case activity The circuit court directed a verdict in favor of the state during the grounds phase of the TPR proceedings against C.L.K. without allowing him the opportunity to present evidence. The court of appeals… Read more

Barron County DHHS v. C.K., 2015AP1378, 2015AP1379 & 2015AP1380, District 3, 4/11/17 (one-judge decision; ineligible for publication); case activity C.K.’s argues she should get a new TPR trial because the circuit court erred by deciding an element of the grounds allegations without getting her personal waiver of the right to have the jury decide the element and… Read more

State v. K.M., 2016AP421, 5/17/2016, District 1 (one-judge decision, ineligible for publication); case activity The court of appeals rejects a mother’s two challenges to the termination of her parental rights. The TPR petition alleged continuing CHIPS as the unfitness ground. (¶3). The mother’s first claim is that some of the conditions of return in the CHIPS… Read more

State v. M.K., 2015AP2098, District 1, 4/19/16 (one-judge decision; ineligible for publication); case activity While the second (and final) extension of M.K.’s original CHIPS dispositional order listed only one of the three conditions M.K. had to meet for return of her son, the original order and first extension listed all three, and that’s good enough in the eyes of the court… Read more

Dane County DHS v. D.M., 2014AP2291, District 4, 7/30/15 (one-judge decision; ineligible for publication); case activity Trial counsel wasn’t ineffective for arguing § 48.415(6) is unconstitutional as applied to D.M., as she fails to demonstrate that the County made it impossible for her to satisfy the conditions for return of her child, D.L. ¶12    … Read more