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
Search: summary judgment
Sheboygan County DH&HS v. S.K., 2021AP158, District 2, 5/12/21 (one-judge decision; ineligible for publication); case activity Though § 48.424(4) says that if grounds for termination of parental rights are found, “the court shall find the parent unfit,” the circuit court’s failure to utter those words doesn’t make the TPR order invalid. S.K. doesn’t argue the… Read more
Waukesha County v. S.L.L., 2019WI66, affirming an unpublished court of appeals opinion, 2017AP1468; 6/12/19; case activity This 4-3 decision is alarming. Waukesha County petitioned to recommit S.L.L., a homeless person, but failed to serve her with notice of the hearing because it had no idea where she was. Since she was not served, she didn’t… Read more
On April 24, 2019, the court of appeals ordered the publication of the following decisions: Winnebago County v. C.S., 2019 WI App 16 (involuntary medication of committed prisoners) Brown County Human Services v. B.P. & T.F., 2019 WI App 18 (requirements for pleading “abandonment” under § 48.415; summary judgment reversed)… Read more
State v. Michael J. Scott, et al., 2019 WI App 22; case activity (including briefs) Applying long-standing U.S. Supreme Court precedent, the court of appeals holds that the exclusionary rule can be used to defend against a civil forfeiture complaint filed by the state. But it also holds the state should have a shot at… Read more
Racine County HSD v. L.R.H.-J., 2018AP2065, District 2, 3/6/19 (one-judge decision; ineligible for publication); case activity L.R.H.-J. was convicted of child neglect in causing the death of her first child in 2005. In 2015 she had another child, “Baby J,” who was immediately taken from her and a CHIPS proceeding commenced. In 2017 her rights… Read more
Robert W. Huber v. Gloria Anderson, et al., 7th Circuit Court of Appeals No. 17-1302 (Nov. 26, 2018) Though not directly related to the day-to-day practice of criminal law, this decision may be of interest, if only for its holding regarding the time limits for a person to sue DOC based on claims it improperly… Read more
Monroe County DHS v. A.D., 2018AP825, District 4, 7/5/18 (one-judge decision; ineligible for publication); case activity A.D. argues the circuit court shouldn’t have granted summary judgment as to the grounds of the petition to terminate her parental rights, which alleged continuing denial of periods of physical placement or visitation under § 48.415(4). She also challenges the… Read more
