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25. TPR

How to beat the “harmless error” rap

For the 2015 SPD conference, Judge Sankovitz and Attorneys Rob Henak and Melinda Swartz prepared an excellent outline on a problem that plagues many defense lawyers on appeal.  They have a great issue. They win it, but then the court of appeals or supreme court finds the error harmless.  This detailed, well-researched outline walks you… Read More

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Waukesha County DH&HS v. Jennifer L. H., 2010AP2990, District 2, 7/13/11 court of appeals decision (1-judge, not for publication); for Jennifer L.H.: Suzanne L. Hagopian, SPD, Madison Appellate; case activity Evidence held sufficient to prove Jennifer’s failure to assume parental responsibility as TPR ground, notwithstanding that she lived with the child and helped raise him from… Read More

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State v. Darrell K., 2010AP1910, District 1, 10/19/10 court of appeals decision (1-judge, not for publication); for Darrell K.: Jereny C. Perri, SPD, Milwaukee Darrell’s right to counsel was violated when the trial court granted counsel’s motion to withdraw then found Darrell in default as to grounds while he was unrepresented. State v. Shirley E… Read More

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TPR – Harmless Error

Waukesha County DH&HS v. Michelle P., 2009AP1087, District 2, 8/25/10 court of appeals decision (1-judge, not for publication); for Michelle P.: Eileen A. Hirsch, SPD , Madison Appellate Authority of the local department to suspend visitation without judicial approval is an “interesting” issue, but one that need not be reached under these facts because the… Read More

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State v. Shirley E., 2006 WI 129, affirming 2006 WI App 55 For Shirley E.: Andrea Taylor Cornwall, SPD, Milwaukee Appellate Issue/Holding: ¶63      Depriving a parent of the statutory right to counsel in a termination of parental rights proceeding deprives the parent of a basic protection without which, according to our legislature, a termination of… Read More

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Brown County v. Shannon R., 2005 WI 160, reversing unpublished opinion For Shannon R.: Brian C. Findley, SPD, Madison Appellate Issue: Whether the circuit court erroneously exercised discretion in precluding expert testimony on the issue of whether the TPR respondent is likely to be able to meet the conditions for return of her children. Holding… Read More

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