Manitowoc County Human Serv. Dep’t v. J.K., 2017AP2371, 2/21/18 (1-judge opinion, ineligible for publication); case activity If you handle TPR cases, this opinion is worth reading because the appellant raised creative arguments regarding, for example, the proper legal standard for summary judgment and a court’s ability to take judicial notice of its own records. She… Read more
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J.N.W. v. J.R.P., 2017AP1390, 9/20/17, District 2 (one-judge decision, ineligible for publication); case activity Robert, the father of Jessica, appeals the termination of is parental rights. Specifically, he argues the trial court erred in granting summary judgment because there were genuine issues of material fact as to whether he failed to communicate with her for… Read more
Racine County HSD v. R.E., 2016AP2039, 3/15/2017, District 2 (one-judge decision; ineligible for publication); case activity The record supported the circuit court’s grant of partial summary judgment on grounds of abandonment because there was no genuine issue of material fact as to whether R.E. had failed to visit or communicate with her child, S.E., for… Read more
Jefferson County DHS v. C.C., 2016AP1983, District 4, 12/21/16 (one-judge decision; ineligible for publication); case activity The circuit court properly granted summary judgment on the petition terminating C.C.’s parental rights despite C.C.’s claims that the circuit court violated the mandatory notice provision under § 802.08(2) and that a genuine issue of material fact exists on the… Read more
Dane County DHS v. Wesley J., 2013AP1226, District 4, 8/1/13; court of appeals decision (1-judge; ineligible for publication); case activity Steven V. v. Kelley H., 2004 WI 47, 271 Wis. 2d 1, 678 N.W.2d 856, does not erect a general bar to summary judgment in TPR cases alleging abandonment as the grounds for termination: ¶15 I… Read more
Racine County v. Renee D., 2012AP1974, District 2, 2/20/13; court of appeals decision (1-judge, ineligible for publication); case activity Wis. Stat. § 48.415(5) is not unconstitutionally vague and does not violate due process As applied to Renee D., the two elements for the “child abuse” ground under § 48.415(5) are: 1) the parent has shown a… Read more
Michael B. v. Marcy M., 2011AP2846, District 2, 5/16/12 court of appeals decision (1-judge, not for publication); for Marcy M.: Jane S. Earle; case activity By responding (inadequately) to a TPR motion for summary judgment on grounds with a letter rather than evidence such as an affidavit, counsel provided ineffective assistance. ¶10 We disagree that counsel’s performance… Read more
Rock Co. HSD v. Timothy F., 2011AP1354, District 4, 8/25/11 court of appeals decision (1-judge, not for publication); for Timothy F.: Carl W. Chessir; case activity The court rejects Timothy F.’s challenge to grant of summary judgment as to grounds for termination (abandonment, § 48.415(1)(a)2.): even if Timothy arguably had “good cause” for not visiting his… Read more
