State v. L.J., 2017AP1225, 2017AP1226, & 2017AP1227, District 1, 5/1/18 (one-judge decision; ineligible for publication); case activity L.J. challenges her no-contest plea to there being grounds to terminate her parental rights to three of her seven children. She argues the plea wasn’t knowing and voluntary and that § 48.415(6), the statute regarding failure to assume parental… Read more
E. Procedure
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
Adams County HHS Dep’t v. M.J.A., 2018AP249, District 4, 4/26/18 (one-judge decision; ineligible for publication); case activity The circuit court granted the Department’s motion for summary judgment and terminated M.J.A.’s parental rights on continuing CHIPS grounds. The court should not have done that, because the parties’ summary judgment submissions show there is a genuine issue… 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. D.M.S.W., Sr., 2018AP124-125, 4/3/18, District 1, (1-judge opinion, ineligible for publication); case activity ¶9 We conclude that D.M.W., Sr. waived his right to appellate review of the circuit court’s decision to sua sponte sever the parents’ hearings. Prior to the fact finding hearings, the circuit court informed D.M.W., Sr. that it would sever… Read more
State v. J.C., 2017AP1783, District 1, 3/27/18 (one-judge decision; ineligible for publication); case activity J.C. pleaded no contest to the continuing CHIPS grounds alleged in the petition for termination of her parental rights. She later argued her plea wasn’t supported by sufficient evidence because, at the fact-finding hearing required under § 48.422(3) for no-contest pleas, there was no evidence the… Read more
State v. C.L.K., 2017AP1414, petition for review of an unpublished court of appeals opinion granted 3/14/18; case activity Issues: 1. Where, during the grounds phase of a TPR trial, the circuit court errs by directing a verdict in favor of the State without giving the respondent an opportunity to present evidence, has the court committed… Read more
State v. C.S.S., 2017AP1138, 2017AP1139, 2017AP1140, & 2017AP1141, District 1, 3/6/18 (one-judge decision; ineligible for publication); case activity C.S.S. entered an admission to a TPR petition alleging her four children were in continuing need of protection and services. The court of appeals rejects her argument that she should be able to withdraw that admission because the… Read more
