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Reversal rates for court of appeals judges
SCOWstats just reviewed 70 Wisconsin Supreme Court decisions over the past 2 years to determine which court of appeals judge was reversed most often and least often. And the winners are . . . SCOW reversed Judges Dugan, Donald and Kessler (and District 1 in general) most often. It reversed Judge Davis least often.
August 3, 2022
COA affirms recommitment, finds sufficient evidence and compliance with D.J.W.
Manitowoc County v. J.M.K., 2022AP122, 7/27/22, District 2, (1-judge opinion; ineligible for publication); case activity J.M.K. is currently diagnosed with schizoaffective disorder. He has been committed several times since 2015. Right now he is doing well. He lives in a supervised apartment but holds a job, participates in community activities, and works out at the […]
Defense win! TPR reversed due to insufficient notice of grounds for termination
Brown County v. J.V., 2022AP532, 7/28/22, District 3 (1-judge opinion, ineligible for publication); case activity In a modified CHIPS dispositional order, the circuit court stated that it was suspending Jennifer’s visitation rights to her son, subject to her completing certain conditions. The court did not orally warn her that her parental rights could be terminated […]
- C. Unpublished Opinions
- E. Procedure
- 7. Prescribed notice
- 40. TPRs
- 46. WI Court of Appeals
- Important Posts
August 2, 2022
Counsel performed deficiently, failed to object to GAL’s closing argument at TPR trial
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 […]
- 1. Deficient performance
- a. Found
- 2. Prejudice
- b. Prejudice not found
- C. Unpublished Opinions
- D. Ineffective Assistance
- D. Grounds, Sec. 48.415
- 6. Particular types of evidence
- 6. No parental responsibility
- G. Opinions/experts, Ch. 907
- 8. Counsel, 6th Am.
- L. Closing arguments
- 15. Evidence
- 40. TPRs
- 41. Trial Procedures
- 46. WI Court of Appeals
July 27, 2022
Circuit court applied all “best interests” factors, TPR affirmed
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.
COA affirms default in TPR, violates rules of appellate procedure
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. […]
- 3. Civil Commitments
- 4. Default judgment
- e. Waiver of issue
- E. Procedure
- G. Ch. 980, SVPs
- 7. Appeal
- 40. TPRs
July 19, 2022
It’s the 60th anniversary of C.J. Abrahamson’s admission to practice in Wisconsin
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 […]
July 18, 2022
SCOW: More analysis of the 2021-2022 term
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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