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Parent’s challenge to TPR plea rejected

State v. M.J.C., 2022AP779, District 1, 10/4/22 (one-judge decision; ineligible for publication); case activity

The court of appeals rejects M.J.C. attempt to withdraw his no contest plea to the petition to terminate his parental rights to J.C.

To withdraw his plea, M.J.C. has to point to a defect in the court’s plea colloquy and assert he did not know or understand the information that should have been provided to him by the court. Oneida County DSS v. Therese S., 2008 WI App 159, 314 Wis. 2d 493, 762 N.W.2d 122. M.J.C. asserted the trial court “misstated the burden of proof for the dispositional hearing” and that he didn’t understand the court would have the discretion to terminate based on its determination of the best interests of the child. In fact, the trial court advised M.J.C. of that information in its colloquy, so M.J.C. has failed to establish a defect in the colloquy. (¶¶9, 15).

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