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TPR – Summary Judgment on Grounds

Rock Co. HSD v. Timothy F., 2011AP1354, District 4, 8/25/11 court of appeals decision (1-judge, not for publication); for Timothy F.: Carl W. Chessir; case activity The court rejects Timothy F.’s challenge to grant of summary judgment as to grounds for termination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

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TPR – Partial Summary Judgment

Marathon County Dept. of Social Services v. Lorie O., 2010AP2351, District 3, 12/21/10 court of appeals decision (1-judge, not for publication); for Lorie O.: Leonard D. Kachinsky; case activity Summary judgment may be granted as to grounds for TPR, Steven V. v. Kelley H., 2004 WI 47, ¶6; but where the CHIPS order, on which… Read more

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Nathan Y. v. Tarik T., 2010AP992, District IV, 10/7/10 court of appeals decision (1-judge, not for publication); for Tarik T.: Philip J. Brehm The court rejects the argument that under Steven V. v. Kelley H., 2004 WI 47, ¶36, summary judgment is inappropriate when the ground alleged is abandonment. ¶7        …  First, Steven V. explained that… Read more

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State v. Walter Allison, Jr., 2010 WI App 103; for Allison: Ellen Henak, SPD, Milwaukee Appellate; BiC; Resp.; Reply Summary judgment in favor of discharge isn’t an available option under § 980.09. ¶18 Applying the principles governing statutory interpretation to Wis. Stat. § 980.09, it is clear that the legislature explicitly prescribed a different procedure from those… Read more

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Oneida Co. DSS v. Nicole W., 2007 WI 30, affirming unpublished decision Issue: Whether partial summary judgment against Nicole was properly granted under Wis. Stat. § 48.415(10) (prior involuntary TPR within 3 years) when the prior termination order did not state the explicit § 48.415 ground relied on. Holding: ¶2 We conclude that Wis. Stat… Read more

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Dane County DHS v. Mable K., 2013 WI 28, reversing court of appeals summary order; case activity ¶3        We conclude, and the circuit court has acknowledged, that it erroneously exercised its discretion when it entered a default judgment finding that grounds existed to terminate Mable K.’s parental rights after barring her attorney from offering additional… Read more

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Oneida Co. DSS v. Nicole W., 2007 WI 30, affirming unpublished decision Issue: Whether partial summary judgment against Nicole was properly granted under Wis. Stat. § 48.415(10) (prior involuntary TPR within 3 years) when the prior termination order was based on her default for failing to personally appear at the fact-finding hearing. Holding: ¶27 We… Read more

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State v. Carla L. Oglesby, 2006 WI App 95 For Oglesby: Timothy T. Kay Issue/Holding: The test for statutory construction – whether the language is capable of being understood by reasonably informed persons in different ways – applies to determination of a sentencing court’s intent; where the parties staked out different sentencing positions but the sentencing… Read more

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