State v. LaDonna E., 2010AP1733, District 1, 12/7/10 court of appeals decision (1-judge, not for publication); for LaDonna E.: Jane S. Earle Termination of parental rights upheld. Mother (LaDonna E.), after defaulting on grounds phase, challenged termination on basis that child’s aunt, who had custody and wanted to adopt child, should be appointed guardian instead. ¶9 The circuit… Read more
E. Procedure
Nathan Y. v. Tarik T., 2010AP992, District IV, 10/7/10 court of appeals decision (1-judge, not for publication); for Tarik T.: Philip J. Brehm The court rejects the argument that under Steven V. v. Kelley H., 2004 WI 47, ¶36, summary judgment is inappropriate when the ground alleged is abandonment. ¶7 … First, Steven V. explained that… Read more
State v. Jesenia R., 2009AP2906, District 1, 8/24/10 court of appeals decision (1-judge, not for publication); for Jesenia R.: Mary D. Scholle, SPD, Milwaukee Appellate No prejudice resulted from counsel’s failure to object to violation of the change-of-placement notice requirement in § 48.357. ¶¶15-16. The background is a bit fact-intensive. Roughly: The child (Elizabeth) had… Read more
Dane Co. DHS v. Laura E.N., No. 2010AP1172, District 4, 7/29/10 court of appeals decision (1-judge, not for publication); for Laura E.N.: Jean K. Capriotti TPR – Evidence Evidence that the mother was caring for an infant son not under CHIPS order wasn’t relevant to her ability to meet conditions for the return of her… Read more
Rock Co. DHS v. Calvin M. M., No. 2010AP816, District IV, 6/24/10 court of appeals decision (1-judge; not for publication); for Calvin M.M.: Brian C. Findley Admission of hearsay, describing an act of domestic violence was harmless: ¶7 There are two reasons why we conclude admitting this apparent hearsay evidence was harmless error. We first observe… Read more
court of appeals decision, affirmed 2011 WI 6; for Brenda: Leonard D. Kachinsky TPR – Plea to Grounds In taking a plea to TPR grounds, the court need not inform the parent of “sub-dispositions,” i.e., those which “pertain only to the effect on the child, addressing who will have guardianship and custody in the event… Read more
court of appeals decision (1-judge; not for publication) TPR Plea to grounds upheld, in light of trial court credibility determinations at post-termination evidentiary hearing, against claim Benny didn’t understand State’s burden of proof, 2-stage nature of TPR, or finding of unfitness as necessary consequence of plea… Read more
court of appeals decision (1-judge, not for publication); for James M.: Shelley Fite, SPD, Madison Appellate TPR – Voluntariness of Plea ¶24 Because Wisconsin statutory law does not permit a court to terminate parental rights upon a finding of unfitness without completing the dispositional phase, we see no rationale for requiring a court to inform a… Read more
