8. Discretionary decision

State v. B.W., 2022AP1329, District I, 9/12/23, PFR granted 12/11/23; affirmed 6/27/2024; (1-judge decision; ineligible for publication); case activity (briefs not available) In yet another TPR appeal presenting an alleged miscommunication of the dispositional burden of proof, COA’s close read of the record evidence prevents B.W. from obtaining a requested hearing. As we noted in… Read more

State v. C.D., 2023AP1025, District I, 8/29/23, 1-judge decision ineligible for publication; case activity (briefs not available) In an exciting defense win, District I signals a willingness to critically review default orders entered in Milwaukee County. C.D. faced involuntary termination of her parental rights and, as is customary, was warned twice that a failure to… Read more

State of Wisconsin v. M.S.H., 2023AP692, District I, 8/1/23, 1-judge decision ineligible for publication; case activity (briefs not available) A parent’s non-cooperation with an involuntary TPR leads to a default judgment and, despite some compelling arguments, COA rejects her invitation to reweigh the dispositional evidence and reverse the order terminating her parental rights. The State… Read more

State v. M.H., 2023AP732, District I, 7/11/23, 1-judge decision ineligible for publication; case activity (briefs not available) M.H. raises two challenges to a circuit court order terminating her parental rights. Under an exceedingly deferential standard of review, both claims fail. The State filed this TPR petition  in November of 2022. (¶3). At a hearing held… Read more

State v. Mitchell D. Green, 2023 WI 57, 6/29/23, review of an unpublished court of appeals decision; case activity (including briefs) In yet another reversal of a defense win, a divided Court upholds the circuit court’s exercise of discretion, despite serious criticisms of the circuit court’s reasoning made by the dissenters. (See our previous posts… Read more

State of Wisconsin v. J.L.A., 2023AP424, District I, 6/27/23, 1-judge decision ineligible for publication; case activity (briefs not available) In a TPR appeal with a typically tragic fact pattern, the court of appeals defers to the circuit court’s decision to terminate “Julia’s” parental rights. Here, the State successfully obtained an order terminating Julia’s parental rights… Read more

Manitowoc County H.S.D. v. T.H., 2022AP1631, District II, 7/5/23, 1-judge decision ineligible for publication; case activity (briefs not available) Applying a deferential standard of review, the court of appeals rejects T.H.’s attempts to obtain CPS records he claims are essential to present a complete defense in a related criminal case. “Evan” was placed with T.H… Read more