State v. B.W., 2024 WI 28, 6/27/24, affirming an unpublished court of appeals decision; case activity (including briefs) In a closely-watched TPR appeal, SCOW issues a decision that leaves many open questions regarding the vexing “burden of proof” issue that has ensnarled lower courts. Although the majority spends roughly 28 pages outlining the facts, the… Read more
G. Disposition, Secs. 48.426-427
State v. E.S., 2024AP395 & 396, 5/21/24, District I (one-judge decision; ineligible for publication); case activity E.S. (“Emily”) challenges the sufficiency of the evidence supporting the circuit court’s finding that her children did not have a substantial relationship with her and that they were too young to express their wishes. The court of appeals affirms… Read more
Winnebago County Department of Human Services v. C.R.Q., II,, 2024AP81, 4/17/24, District II (one-judge decision; ineligible for publication); case activity In a fact-dependent TPR appeal, “Craig” attacks the circuit court’s discretionary ruling on multiple fronts but fails due to the imposing standard of review. This is a relatively long and factually quite dense opinion. It… Read more
Brown County Health and Human Services v. R.U., 2024AP45-6 4/16/24, District IV (one-judge decision; ineligible for publication); case activity In yet another fact-dependent TPR appeal, COA affirms given well-settled (and difficult to overcome) legal standards. Summary Judgment “Ralph” appeals the circuit court’s order granting summary judgment as to grounds with respect to § 48.415(4) (continuing… Read more
Dane County Department of Human Services v. J.K., 2023AP1946-47, 3/28/24, District IV (one-judge decision; ineligible for publication); case activity In a TPR appeal presenting multiple issues, COA rejects all of J.K.’s arguments and affirms. Ineffective Assistance of Counsel In this case, the petitioner moved for summary judgment with respect to grounds, “arguing that there was… Read more
State v. K.P., 2023AP2404-06, 3/19/24, District 1 (one-judge decision; ineligible for publication); case activity K.P. (“Kevin”) challenged the circuit court’s order terminating his parental rights on two grounds: (1) that his own testimony demostrated he had a substantial relationship with his three children and (2) because there was a lack of evidence concerning the childrens’… Read more
State v. H.C., 2023AP1950, 3/5/24, District I (one-judge decision; ineligible for publication); case activity In an interesting decision that seems almost guaranteed to invite review by SCOW, COA departs from the plain language of the statute and reads a burden of proof requirement into the TPR dispositional procedure. Before we get into the meat of… Read more
State v. S.N., 2023AP2366-67, 2/27/24, District I (one-judge decision; ineligible for publication); case activity “Sally’s” challenge to the court’s discretionary termination order fails, as the circuit court’s order was supported by evidence in the record. “Sally” attacks the circuit court’s discretionary order terminating her parental rights by first focusing on the court’s consideration of her… Read more
