Eau Claire County DHS v. S.E., 2021 WI 56, affirming a published court of appeals opinion, 2019AP894, 6/10/21, case activity In a 4-3 decision, SCOW holds that a 2018 amendment to the TPR statute, which imposed a more exacting timeframe for parents to preserve their parental rights, applied to a CHIPS order entered in 2016… Read more
B. Constitutional rights
State v. A.M.-C., 2021AP94 & 2021AP95, 3/30/21, District 1 (one-judge decision; ineligible for publication); case activity The state petitioned to terminate A.M.-C.’s rights to two of her children on failure-to-assume and continuing-CHIPS grounds. After being told (apparently via interpreter, as Spanish is her first language) that she had to attend all hearings, A.M.-C. moved to… Read more
S.K. v. S.S., 2020AP277, District 3, 2/26/21 (one-judge decision; ineligible for publication); case activity (briefs not made available) S.S. (or “Susan,” to use the court’s pseudonym) isn’t entitled to a new TPR grounds trial based on her trial attorney’s failure to object to the admission of testimony she argues was irrelevant “other-acts” evidence. Even if… Read more
State v. J.T., 2020AP1151, 1/5/21, District 1 (1-judge opinion, ineligible for publication); case activity E.W. was placed in foster care shortly after birth. Her dad, J.T., was incarcerated then. He remained so a year later when the State filed a TPR petition against him on the grounds that he failed to establish a substantial relationship… Read more
State v. D.S., 2019AP2230 through 2019AP2233, District 1, 8/25/30 (one-judge decision; ineligible for publication); case activity D.S. challenges the orders terminating her parental rights to her children on the ground, first because her lawyer was unable to appear and represent her at a pretrial hearing because his law license was temporarily suspended, second because trial… Read more
Racine County HSD v. S.M.F., 2019AP2346 & 2019AP2347, District 2, 7/15/20 (one-judge decision; ineligible for publication); case activity S.M.F.’s challenges the order terminating her parental rights, alleging trial counsel was ineffective and that the circuit court should have granted her mistrial motion. The court of appeals affirms. The TPR petition alleged, and the jury found… Read more
S.L.H. v. J.J.D., 2019AP1554, District 2, 3/25/20 (one-judge decision; ineligible for publication); case activity The lawyer representing J.J.D. (“John”) in his TPR proceeding failed to mount a sufficient defense to the summary judgment motion brought by S.L.H. (“Sarah”). But that deficient performance didn’t prejudice John. The evidence the lawyer failed to present wasn’t enough to… Read more
Kenosha County DHS v. M.M.B., 2019AP1776 & 1777, 1/22/20, District 2 (one judge decision; ineligible for publication); case activity M.M.B. is the father of two children, each of whom has a serious genetic disorder that threatens normal brain growth and function. The disorder can’t be cured but it can be controlled by adherence to a… Read more
