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3. Expert testimony

Jackson County DHS v. R.H.H., 2023AP1229-1232, 11/16/23, District IV (one-judge decision, ineligible for publication); case activity In Kenosha Cnty. DHHS v. Jodie W., 2006 WI 93, ¶56, 293 Wis. 2d 530, 716 N.W.2d 845, the court overturned a TPR order premised on a parent’s failure to meet “an impossible condition of return, without consideration of… Read more

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State v. T.R.C., 2018AP820, 4/2/19, District 1 (1-judge opinion, eligible for publication); case activity T.R.C. pled “no contest” to grounds for termination of her parental rights to D. On appeal she argued that her plea was not knowing, intelligent and voluntary, that her trial counsel was ineffective, and that the TPR order should be vacated… Read more

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Dane County D.H.S. v. J.B., 2016AP2422, District 4, 2/16/17 (1-judge opinion, ineligible for publication); case activity To terminate parental rights based on the “continuing CHIPS” ground, the jury had find that there was a substantial likelihood that JB would not meet the conditions for the safe return of her child within 9 months of the… Read more

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State v. D.L., 2016AP735 & 2016AP736, District 1, 8/18/16 (one-judge decision; ineligible for publication); case activity The trial court didn’t err in admitting multiple hearsay statements made by D.L.’s children about her treatment of them or in admitting expert testimony about whether D.L. had a “strong bond” or “positive and healthy relationships” with her children… Read more

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Counsel at TPR trial wasn’t ineffective

Barron County DHHS v. J.H., 2015AP1529, District 3, 1/13/16 (one-judge decision; ineligible for publication); case activity J.H.’s claims that her trial counsel was ineffective are rejected because trial counsel’s actions were either not deficient or not prejudicial. The County petitioned to terminate the parental rights of J.H., who is developmentally disabled, on continuing CHIPS grounds… Read more

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State v. Johnnie J., 2014AP144 & 2014AP145, District 1, 8/21/14 (1-judge; ineligible for publication); case activity: 2014AP144; 2014AP145 Assuming trial counsel should have objected to certain expert opinion evidence and hearsay evidence about Johnnie’s behavior, the failure to do so didn’t prejudice Johnnie because of the overwhelming evidence supporting the jury’s verdicts on one of the two grounds for… Read more

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State v. Henry W., 2011AP693, District 1, 6/7/11 court of appeals decision (1-judge, not for publication); for Henry W.: Jane S. Earle; case activity Testimony of a “bonding expert” as to how the child’s view of her father would make it difficult for him to meet conditions of return, was relevant and admissible in the… Read more

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Brown County v. Shannon R., 2005 WI 160, reversing unpublished opinion Issue: Whether the circuit court erroneously exercised discretion in precluding expert testimony on the issue of whether the TPR respondent is likely to be able to meet the conditions for return of her children. Holding: ¶40      In deciding the issue of foundation, the circuit… Read more

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