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Trial court factual findings doom TPR appeal

Kenosha County DHS v. C.D.K., 2015AP2179, 3/30/17, District 2 (one-judge decision; ineligible for publication); case activity

C.D.K. entered a plea to grounds for termination of her parental rights, and eventually, they were terminated. She claims on appeal that her trial counsel failed to advise her competently about the decision to admit grounds, and that she did not understand certain information, rendering her admission not knowing, intelligent and voluntary.

But, at the postdispositional hearing, the circuit court did not believe her testimony and instead believed her attorney regarding what he had told her, when, and how. This is the sort of credibility decision the court of appeals will not disturb, and it is fatal to C.D.K.’s appeal. (¶22, ¶32).

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