State v. Johnnie J., 2014AP144 & 2014AP145, District 1, 8/21/14 (1-judge; ineligible for publication); case activity: 2014AP144; 2014AP145 Assuming trial counsel should have objected to certain expert opinion evidence and hearsay evidence about Johnnie’s behavior, the failure to do so didn’t prejudice Johnnie because of the overwhelming evidence supporting the jury’s verdicts on one of the two grounds for… Read more
F. Fact-finding, Sec. 48.424
Green County DHS v. Barret W.S., 2014AP1155, District 4, 8/14/14 (1-judge; ineligible for publication); case activity The circuit court didn’t err by allowing a child’s guardians to participate as a party in a proceeding to terminate the father’s rights to the child because, while ch. 48 does not expressly state that guardians are “parties” in a termination proceeding, pertinent… Read more
State v. Jimmy J., 2014AP573, District 1, 8/5/14 (1-judge; ineligible for publication); case activity Trial counsel had a reasonable strategic reason for not objecting to court’s instructing TPR jury that while agreement of 10 or more jurors was necessary as to each verdict question, the same 10 jurors should agree on all the answers. The same ten… Read more
State v. Dwayne F., Jr., 2014AP595, District 1, 6/10/14 (1-judge; ineligible for publication); case activity The trial court properly exercised its discretion in determining that the best interests of Dwayne F.’s daughter would be served by a guardianship with the Child Welfare Bureau for adoption by her foster family, instead of placement with Dwayne F.’s father. Dwayne stipulated to termination… Read more
Barron County DHHS v. Maria A., 2013AP2735, District 3, 4/1/14; court of appeals decision (1-judge; ineligible for publication); case activity Under the highly deferential standard of review for sufficiency claims, State v. Quinsanna D., 2002 WI App 318, ¶30, 259 Wis. 2d 429, 655 N.W.2d 752, the evidence was sufficient to support the finding that Maria… Read more
Mary E.B. v. Cecil M., 2014AP160, District 2, 3/26/14; court of appeals decision (1-judge; ineligible for publication), petition for review granted, 9/18/14, appeal voluntarily dismissed 12/17/14; case activity The circuit court properly found that a mother who petitioned to terminate the father’s parental rights did not prove the father failed to assume parental responsibility, § 48.415(6). The… Read more
State v. Delano W., 2013AP2445 & 2013AP2446, District 1, 3/14/14; court of appeals decision (1-judge; ineligible for publication); case activity: 2013AP2445; 2013AP2446 The trial court did not violate Delano’s due process rights and properly exercised its discretion when it prohibited Delano from visitation with his children pending the trial on a petition to terminate his… Read more
State v. Lawanda R., 2013AP1661, District 1/4, 1/16/14; court of appeals decision (1-judge; ineligible for publication); case activity The circuit court properly found that a parent with serious cognitive disabilities (she “functions at the level of a child less than ten years old” (¶8)) was unfit under § 48.415(2) on the sole basis that she failed… Read more
