State v. O.F., 2022AP1703, District 1, 01/18/2023 (one-judge decision; ineligible for publication); case activity Ultimately, the issue addressed by the court of appeals is whether O.F. received ineffective assistance of counsel where trial counsel was alleged to have “violated his duty of confidentiality and loyalty” to his client. O.F.’s claims were based on multiple statements… Read more
B. Constitutional rights
State v. C.B. & State v. N.M.M., 2022AP906 & 966, 11/29/22, District 1 (one-judge decision; ineligible for publication); case activity C.B. and N.M.M. appeal the termination of their parental rights. They challenge the method the Milwaukee Clerk of Courts used to select the venire for their trial: drawing from a pool of “reserve jurors” and… Read more
State v. Q.M., 2022AP1245, District 1, 10/4/22 (one-judge decision; ineligible for publication); case activity Q.M. challenges the termination of her parental rights to J.W., arguing the circuit court erred in depriving her of the right to present evidence at the disposition hearing. The court of appeals rejects the challenge. J.W. was removed from Q.M.’s home… Read more
M.K.S. v. R.J.F., 2021AP1839, 8/16/22, District 1 (no recommended for publication); case activity Here is a result we don’t often see: a successful ineffective assistance of counsel claim in a TPR case. A jury found grounds to terminate “Richard’s” parental rights. Allegedly, he had failed to assume parental responsibility for his daughter, “Morgan.” On appeal… Read more
State v. T.M., 2021AP1729, 8/16/22, District 1 (1-judge opinion, ineligible for publication); case activity “Taylor” presented three challenges to the termination of her parental rights to her son: (1) erroneous admission of a psychological examination; (2) ineffective assistance of trial counsel for failure to object to a flawed jury instruction; and (3) insufficient evidence. The… Read more
State v. S.S.M., 2022AP524 & 2022AP525, District 1, 8/2/22 (one-judge decision; ineligible for publication); case activity Under § 48.415(intro.), termination of parental rights to children subject to the Indian Child Welfare Act (ICWA) requires, in addition to proof of one or more grounds for termination under subs. (1) to (10), proof of “active efforts,” as… Read more
State v. S.L.W., 2021AP1736 & 1737, 6/1/22, District 1 (one-judge decision; ineligible for publication); case activity S.LW. appeals the termination of parental rights to her children. She argues her attorney failed to inform the jury of court-ordered services the Milwaukee County child-services agency didn’t provide. The court of appeals holds that if counsel performed deficiently… Read more
Manitowoc County v. K.H., 2020AP2150 and Manitowoc County v. K.R., 2021AP90-93; 4/27/22; District 2 (1-judge opinion, ineligible for publication); case activity K.R. appealed a December 2020 order instituting permanency plans for his 4 children. His mother also appealed one of the permanency plans. They claimed that they were denied their due process right to meaningful… Read more
