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40. TPRs

State v. D.W., 2021AP1290, District 1, 9/28/21 (one-judge decision; ineligible for publication); case activity The circuit court properly exercised its discretion in terminating D.W.’s parental rights because the court considered all the relevant factors under § 48.426(3) in reaching its decision. In deciding to terminate D.W.’s parental rights, the circuit court considered the bond that had developed between the… Read more

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TPR default judgment challenge rejected

State v. L.M., 2021AP970, District 1, 9/8/21 (one-judge decision; ineligible for publication); case activity The circuit court properly exercised its discretion in denying L.M.’s motion to vacate the default judgment entered against her in this TPR case. L.M. failed to appear at the initial appearance, though she’d served by mail and told about the court… Read more

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Douglas County DHHS v. D.B., 2020AP982, District 3, 8/10/21 (one-judge decision; ineligible for publication); case activity D.B. claims trial counsel at his TPR trial was ineffective for: (1) failing to object to the application to his case of the amended version of the statute governing continuing CHIPS grounds; (2) failing to introduce evidence about additional… Read more

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Challenges to TPR rejected

State v. T.T., 2021AP739, 2021AP740, 2021AP741 & 2021AP742, District 1, 7/23/21 (one-judge decision; ineligible for publication); case activity T.T. unsuccessfully challenges the findings at the grounds phase and the dispositional order terminating his parental rights to his four children. At the grounds phase, the circuit court found that the state had proved both continuing CHIPS… Read more

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Consent to voluntary TPR was valid

C.W. v. M.M., 2021AP330 & 2021AP331, District 3, 7/21/21 (one-judge decision; ineligible for publication); case activity M.M.’s consent to voluntary termination of parental rights was valid and can’t be withdrawn. C.W. filed a TPR petition alleging various grounds. The circuit court granted summary judgment on abandonment grounds and found M.M. unfit as a parent. At… Read more

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B.W. v. S.H., 2021AP43 & 2021AP44, District 3, 6/29/21 (one-judge decision; ineligible for publication); case activity Under the facts of this case, terminating S.H.’s parental rights on continuing denial of physical placement grounds under § 48.415(4) violated his right to substantive due process because his indigency precluded him for seeking changes in the physical placement… Read more

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State v. M.R.K., 2021AP141, District 1, 6/22/21 (one-judge decision; not recommended for publication); case activity The Latin word grex means “flock,” “herd,” or “group,” and is the root of several English words. Gregarious originally meant “tending to live in a flock, herd, or community rather than alone” but has become a synonym for “sociable.” Egregious… Read more

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Cheyne Monroe v. Chad Chase, 2021 WI 66, 6/22/21, on certification from the court of appeals and reversing a circuit court judgment; case activity (including briefs) One of the elements of a claim for malicious prosecution is that the baseless prior action must have terminated in favor of the party asserting malicious prosecution. The supreme court… Read more

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