by admin
on July 27, 2022
Chippewa County Dep’t of Health and Human Servs. v. J.W.., 2021AP1986, 7/19/22, District 3, (1-judge opinion, ineligible for publication); case activity
“Janine” raised an insufficient evidence claim and several ineffective assistance of counsel claims in her appeal from an order terminating her parental right to her son. This post focuses on two of the IAC claims. Counsel failed to object to (1) portions of the county social worker’s testimony, and (2) new information that the GAL introduced during closing statements. [continue reading…]
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by admin
on July 27, 2022
State v. S.G., 2022AP585-587, 7/19/22, District 1 (1-judge opinion, ineligible for publication); case activity
S.G. argued that the circuit court failed to address 2 of the 6 “best interest” factors in §48.426(3) when it terminated her parental rights to her 3 sons. According to the court of appeals, the record proves otherwise. [continue reading…]
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by admin
on July 26, 2022
State v. X.S., 2022 WI 49, 6/29/22, modifying and affirming an unpublished court of appeals decision, 2021AP419, case activity (including, for some reason, one brief)
Our supreme court is fond of extolling its role as a “law-developing court.” You’ll search in vain for any law development in this case. Rather than developing the law, the high court exercises its discretion to waive a juvenile into the adult system. [continue reading…]
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by admin
on July 21, 2022
State v. L.T.H., 2022AP56 & 2022AP57, District 1, 7/19/22 (one-judge decision; ineligible for publication); case activity
L.T.H. challenges the circuit court’s refusal to terminate her grounds trial from that of the father of one of her children, its decision to allow evidence of her own experience with the child welfare system when she was a child, its refusal to allow her to testify at the dispositional hearing, and its decision to terminate her parental rights. The court of appeals rejects all her challenges. [continue reading…]
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by admin
on July 20, 2022
State v. M.B., 2022AP89, District 1, 7/19/22 (one-judge decision; ineligible for publication); case activity
M.B. entered a no contest plea to failing to assume parental responsibility and to her daughter being in continuing need of protection or services. During the plea colloquy, the circuit court suggested she had the “same trial rights” at the dispositional phase as at the grounds phase. (¶¶3-4). This, M.B. argues, was a flaw in the colloquy because it misstated the correct statutory standard to be applied at disposition—the best interests of the child—and suggests the state had a burden it doesn’t have; thus, she should be allowed to withdraw her plea. (¶¶11, 13). The court of appeals disagrees. [continue reading…]
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by admin
on July 19, 2022
Rock County Human. Servs. v. A.P., Appeal nos. 2022AP248-249; 7/14/22, District 4; (1-judge opinion, ineligible for publication); case activity
This is one more in a long line of appellate decisions affirming a default finding of grounds for terminating a parent’s rights without a finding that the parent had behaved egregiously as required by Dane Cnty. DHS v. Mable K., 2013 WI 28, ¶71, 346 Wis. 2d 396, 828 N.W.2d 198. The difference here is that the court of appeals also openly disregards (or perhaps is unfamiliar with?) the rules of appellate procedure. [continue reading…]
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by admin
on July 18, 2022
July 17, 1962, witnessed an event that changed the course of Wisconsin history. That day, Shirley Schlanger Abrahamson signed the Wisconsin Supreme Court’s Roll of Attorneys. At age 28, she could finally fulfill her childhood dream of practicing law. She ultimately became Wisconsin’s first woman justice and first woman chief justice. When she retired from the legal profession 57 years later, she was the longest-serving state supreme court justice in Wisconsin and the nation. [continue reading…]
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by admin
on July 18, 2022
Today’s post by SCOWstats.com looks at the length of decisions, the number of dissents and concurrences, the number of days between argument and decision, and the frequency of fractured decisions for SCOW’s 2021-2022 term.
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