S.D. v. A.V., 2018AP1150, District 4, 3/7/19 (one-judge decision; ineligible for publication); case activity S.D. petitioned to terminate the parental rights of A.V., her ex-husband, after he was convicted and sent to prison for possession of child pornography. The court of appeals affirms the unfitness finding but remands for a dispositional hearing. A.V.’s challenges to… Read more
a. Effective assistance
State v. L.V., 2018AP1065, 1/29/19, District 1 (one-judge opinion; ineligible for publication); case activity The defense moved to exclude evidence of L.V.’s criminal record prior to his daughter’s birth. The State told the court it had no intention of introducing his criminal record at trial. But when L.V. took the stand, guess who started asking… Read more
State v. C.W., 2017AP1228-1230, 5/1/18, District 1 (1-judge opinion, ineligible for publication); case activity Among several interesting challenges to the termination of his parental rights, C.W. argues that he was statutorily entitled to an evidentiary hearing on his claim that his “no contest” plea was not knowing and intelligent and that SCOW should withdraw language… Read more
State v. S.S., 2017AP2097 & 2098, 4/17/18, District 1 (one judge decision; ineligible for publication); case activity S.S. appeals the termination of her parental rights to her two boys. She argues the trial court misapplied the six statutory factors in deciding termination was in the children’s best interest, and also that her counsel was ineffective… Read more
State v. T.G., Sr., 2017AP1715, District 1, 4/10/18 (one-judge decision; ineligible for publication); case activity T.G. sought to withdraw his no contest plea to the grounds alleged in a TPR petition. He argued that his mental health issues prevented him from understanding the TPR proceedings and that his lawyer failed to fully explain that a no contest… Read more
State v. J.W., 2017AP689-690, 2/27/18, District 1 (1-judge opinion, ineligible for publication); case activity J.W. appealed a circuit court order terminating her parental rights to her 2 children and argued that (1) her trial lawyer misadvised her to enter a no-contest plea to grounds for termination and didn’t try hard to find a relative to… Read more
State v. D.C., 2016AP2229-2230, District 1, 11/30/17 (1-judge opinion, ineligible for publication); case activity During the grounds phase of her TPR proceeding, D.C.’s lawyer asked the trial court to: (1) instruct the jury that she was prohibited from having visitation with her children for a period of time, and (2) give curative instructions that it… Read more
Dane County DHS v. N.C., 2017AP788, District 4, 9/21/17, District 4 (1-judge opinion, ineligible for publication); case activity N.C. filed a postdisposition motion challenging the circuit court’s termination of her parental rights to M.M. She argued, among other things, that her trial lawyer was ineffective in failing to have the termination order entered as voluntary… Read more