Dane co. DHS v. Dyanne M., 2007 WI App 129, District 4 court of appeals, 3/29/07 (published) Issue/Holding: ¶19 Dyanne acknowledges that the CHIPS order makes reference to “warnings” and contains the statutory language defining the possible grounds for termination. She also does not dispute that the order contains the conditions that were necessary for… Read more
B. Published opinions
Dane Co. DHS v. Dyanne M., 2007 WI App 129, District 4, 3/29/07 (published) Competency of TPR Court – Statutory Time Limits, Generally Issue/Holding:1: Generally, compliance with a statutory TPR time limit is mandatory, such that non-compliance results in lost circuit court competency absent an applicable exception, ¶5, citing Dane Co. DHS v. Susan P.S… Read more
Waukesha Co. DHHS v. Teodoro E., 2008 WI App 16, District 2 (published) Issue/Holding: The trial court properly exercised discretion in terminating rights: ¶25 Teodoro finally argues that at the dispositional stage, the trial court erroneously determined that termination of his parental rights would be in the best interests of the children. This determination is… Read more
Waukesha Co. DHHS v. Teodoro E., 2008 WI App 16, District 2 (published) Issue/Holding: Conditions imposed for non-termination of a deported parent’s children weren’t impossible, notwithstanding parent’s inability to return to country: ¶23 But as the circuit court noted, “Mexico is not prison” and Teodoro remained free to work on and meet many of the… Read more
State v. Jeffrey L. Torkelson, 2007 WI App 272, PFR filed 11/30/07 For Torkelson: Timothy A. Provis Issue/Holding: Custody, for purposes of Miranda, requires that the suspect’s freedom be restricted to a degree associated with formal arrest, and is as gauged by a multi-factor test articulated in State v. Zan Morgan, 2002 WI App 124, ¶¶13-14. None of those… Read more
State v. Heather A. Markwardt, 2007 WI App 242, PFR filed 11/29/07 For Markwardt: Richard Hahn Issue/Holding: ¶35 The circuit court relied on statements Markwardt made one hour and eleven minutes into the interview for its ruling that she had properly asserted her right to remain silent. Her exact words were: “Then put me in jail. Just… Read more
State v. Heather A. Markwardt, 2007 WI App 242, PFR filed 11/29/07 For Markwardt: Richard Hahn Issue/Holding: Markwardt’s in-custody statement was voluntary: any stress she was under was “unrelated to police conduct” (¶37); she didn’t unequivocally assert her rights (¶40); that the interrogator “was at times confrontational and raised his voice is not improper police procedure and does… Read more
State v. Philip R. Bons, 2007 WI App 124, PFR filed 4/24/07 Issue/Holding: ¶23 Applying the plain language of the rule, Gorokhovsky’s certification of compliance is false. His appendix contains only a copy of the judgment of conviction, the notice of motion and motion to suppress, and the notice of intent to pursue postconviction relief… Read more
