≡ Menu

B. Constitutional rights

TPR – Appearance by Telephone

Kenosha County DHS v. Amber D., 2011AP562, District 2, 8/10/11 court of appeals decision (1-judge, not for publication); for Amber D.: Thomas K. Voss; case activity Timothy M.’s appearance by telephone, occasioned by his incarceration, didn’t violate his due process right to meaningfully participate in TPR proceedings, Waukesha Cnty. DHHS v. Teodoro E., 2008 WI App… Read more

{ 0 comments }

TPR – IAC

Kimberly A. v. Charles B., 2011AP129, District 3, 8/4/11 court of appeals decision (1-judge, not for publication); for Charles B.: Leonard D. Kachinsky; case activity Counsel’s strategic decision not to voir dire jurors about what they may have heard during a heated sidebar discussion, and instead to request a limiting instruction to disregard anything they… Read more

{ 0 comments }

TPR – Stipulated Element

Florence County Dept. of Human Services v. Edward S., Jr., 2011AP385, District 3, 6/28/11 court of appeals decision (1-judge, not for publication); for Edward S.: Leonard D. Kachinsky; case activity Counsel’s stipulation without the parent’s on-record assent to the first element of TPR grounds (child placed outside home at least 6 months under CHIPS order)… Read more

{ 0 comments }

TPR – Judicial Bias

Walworth County DH&HS v. Roberta J. W., 2010AP2248, District 2, 6/22/11 court of appeals decision (1-judge, not for publication); for Roberta J.W.: Lora B. Cerone, SPD, Madison Appellate, case activity By his overweening involvement in the trial process, evincing his prejudgment of the case and asking “countless questions of the witnesses” – to an extent… Read more

{ 0 comments }

Sheboygan County DH&HS v. Wesley M., No. 2010AP2946, District 2, 6/15/11 court of appeals decision (1-judge, not for publication); for Wesley M.: Leonard D. Kachinsky; case activity ¶7        A parent is entitled to the effective assistance of counsel in termination of parental rights proceedings, and the applicable standards are those which apply in criminal cases… Read more

{ 0 comments }

Winnebago County DHHS v. Thomas C. W., 2010AP847, District 2, 3/16/11 court of appeals decision (1-judge, not for publication); for Thomas C.W.: Theresa J. Schmieder; case activity Though trial counsel was ineffective with respect to a single discrete oversight – failure to lodge a meritorious motion for judgment notwithstanding verdict as to one of the… Read more

{ 3 comments }

TPR – Voluntariness of Plea

Portage Co. HHS v. Jesus S., 2010AP2698, District 4, 2/3/11 court of appeals decision (1-judge, not for publication); for Jesus S.: Theresa J. Schmieder; case activity For a no-contest plea to a TPR petition to be knowing and voluntary, the parent must be notified of the direct consequences of his or her plea, including an… Read more

{ 0 comments }

State v. Troy J., 2010AP670, District 1, 1/25/11 court of appeals decision (1-judge, not for publication); for Troy J.: Randall E. Paulson, SPD, Milwaukee Appellate; case activity The judge presiding over disposition-phase of a TPR wasn’t required to disqualify himself where his daughter was employed to work in the guardian ad litem office of the… Read more

{ 0 comments }
RSS