Search: summary judgment

Portage County v. K.K., 2021AP1315, 2/10/22, District 4, (1-judge opinion, ineligible for publication); case activity This opinion has alarming implications for disabled people. The circuit court issued a summary judgment order continuing K.K.’s protective placement. She appealed and argued that summary judgment is not allowed in Chapter 55 cases. The court of appeals refused to… Read more

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for publication); case activity M.M.’s consent to voluntary termination of parental rights was valid and can’t be withdrawn.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

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

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Waukesha County v. S.L.L., 2019WI66, affirming an unpublished court of appeals opinion, 2017AP1468; 6/12/19; case activity This 4-3 decision is alarming.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