State v. H.C., 2023AP1950, 3/5/24, District I (one-judge decision; ineligible for publication); case activity In an interesting decision that seems almost guaranteed to invite review by SCOW, COA departs from the plain language of the statute and reads a burden of proof requirement into the TPR dispositional procedure. Before we get into the meat of… Read more
C. Unpublished Opinions
State v. I.A.A., 2023AP1723-24, 2/28/24, District 2 (one-judge decision; ineligible for publication); case activity Long story short, the court of appeals affirms the orders terminating I.A.A.’s (“Ivy’s”) parental rights despite the circuit court’s admitted failure to comply with Wis. Stat. § 48.422(3)’s mandate to take testimony related to grounds at Ivy’s no contest plea hearing… Read more
State v. S.N., 2023AP2366-67, 2/27/24, District I (one-judge decision; ineligible for publication); case activity “Sally’s” challenge to the court’s discretionary termination order fails, as the circuit court’s order was supported by evidence in the record. “Sally” attacks the circuit court’s discretionary order terminating her parental rights by first focusing on the court’s consideration of her… Read more
Burnett County v. B.S., 2023AP1811-FT, 2/28/24, District III (one-judge decision; ineligible for publication); case activity Due in part to last-minute witness unavailability, the County’s attempt to rely solely on generic and conclusory testimony from an examining psychiatrist fails in yet another helpful, and citable, 51 win. This is an appeal from Brian’s fourth recommitment hearing… Read more
Winnebago County v. B.R.C., 2023AP1842, 2/14/24, District 2 (one-judge decision; ineligible for publication); case activity In quite the head-scratcher, the court of appeals rejects a D.J.W. “specific factual findings” claim while acknowledging that such claims “are multiplying and it is clear that all sides could benefit from clarity on the point.” (Emphasis added). The court then proceeds… Read more
Manitowoc County HSD v. B.M.T., 2022AP2079 & 2023AP904, 2/21/24, District 2 (one-judge decision; ineligible for publication); case activity In this consolidated appeal from successive orders extending B.M.T.’s civil commitment, the court of appeals rejects B.M.T.’s claim that the circuit court lacked competency to enter the 2022 order, but agrees that the circuit court failed to… Read more
State v. M.M., 2023AP2093-2100, 2/22/24, District 1 (one-judge decision; ineligible for publication); case activity Challenges to circuit court disposition orders are almost never successful. This case is no exception. M.M. (“Melissa”) argued that the circuit court erroneously exercised its discretion when it determined that terminating her parental rights to her eight children was in the… Read more
Kenosha County DC&FS v. R.M.F., 2023AP2156-157, 2/21/24, District II (one-judge decision; ineligible for publication); case activity Given the difficult standard for proving judicial bias, COA concludes that R.M.F. has failed to show that the court’s remarks to jurors are a basis for reversing this TPR. “Richard” exercised his right to a jury trial in this… Read more
