State v. Shymika S.W., 2013AP2415, District 1, 2/4/14 (1-judge opinion, ineligible for publication), case activity Issue: Whether, in terminating Shymika S.W.’s parental rights to her daughter, the circuit court erroneously exercised its discretion by ignoring § 48.426(3)’s “adoptability factors?” Those factors are found in § 48.426(3)(a) and (f), and they require consideration of the likelihood of the… Read more
G. Disposition, Secs. 48.426-427
Barron County DH&HS v. Tara H., 2013AP2250, District 3, 12/27/13, unpublished; case activity This is Tara H.’s 2nd trip to the court of appeals regarding this TPR. The first time she won a new dispositional hearing. At the start of that 2nd dispositional hearing, Tara’s counsel asked the trial court about the relevant time period… Read more
State v. Angie S., 2013AP1412, District 1, 9/4/13; court of appeals decision (1-judge; ineligible for publication); case activity In a fact-intensive decision, the court of appeals rejects Angie S.’s arguments that the trial court erroneously exercised its discretion when terminating her parental rights by: (1) failing to properly consider the effect of termination on the child’s biological… Read more
State v. Roy W., 2013AP413, District 1, 5/29/13; court of appeals decision (1-judge; ineligible for publication); case activity The court of appeals rejects Roy W.’s arguments that “virtually every” factor under § 48.426(3) weighed in his favor and that the only ground for terminating his parental rights was his sixteen month prison sentence. (¶1). Based on a lengthy… Read more
State v. Marquese H., 2013AP565, 2013AP566, & 2013AP567, District 1, 5/21/13; court of appeals decision (1-judge, ineligible for publication); case activity: 2013AP565; 2013AP566; 2013AP567 The circuit court properly exercised its discretion in terminating Marquese H.’s parental rights because it considered the factors under § 48.426(1). The court rejects Marquese’s specific claim that the circuit court erred… Read more
Pierce County v. Troy H., 2012AP2525 and 2012AP2526, District 3, 2/19/13; court of appeals decision (1-judge, ineligible for publication); case activity The circuit court termination decision was the result of an erroneous exercise of discretion because the court failed to consider the statutory factors: ¶8 Troy asserts the circuit court erroneously exercised its discretion because… Read more
State v. La’Drea L., 2012AP1984 and State v. Ricky B., 2012AP2027, District 1, 2/20/13; consolidated court of appeals decision (1-judge, ineligible for publication); case activity: LaDrea L.; Ricky B. The circuit court properly exercised its discretion when it determined termination was in the children’s best interests because it considered all of the statutory factors under Wis… Read more
Barron County v. Tara H., 2012AP2390, District 3, 1/15/13 Court of appeals decision (1-judge, ineligible for publication); case activity TPR — Exercise of discretion in determining disposition The circuit court erroneously exercised its discretion by failing to consider one of the six factors under § 48.426(3)–specifically, whether the child had a substantial relationship with Tara or… Read more
