On Point: B. Constitutional rights

Kathleen N. v. Brenda L. C., 2010AP2737, District 4, 10/27/11

court of appeals decision (1-judge, not for publication); for Brenda l.C.: Eileen A. Hirsch, SPD, Madison Appellate; case activity

Brenda isn’t entitled to a new TPR trial in the interests of justice, notwithstanding a line of inquiry that went to the respective financial capabilities of Brenda and her sister’s family (which sought the termination). “The evidence established that Brenda had last seen Samantha approximately six months prior to the hearing at a family gathering and had only spoken to Samantha at that event for a few minutes,

Kevin G. v. Jennifer M. S., 2009AP1377, District 4, 8/17/11

court of appeals decision (1-judge, not for publication); for Jennifer M.S.: Susan E. Alesia, SPD, Madison Appellate; case activity

Evidence held sufficient to support termination for failure to assume parental responsibility, § 48.415(6)(a), applying “totality-of-the-circumstances test” where “the fact-finder should consider any support or care, or lack thereof, the parent provided the child throughout the child’s entire life,” Tammy W-G.

Kenosha County DHS v. Amber D., 2011AP562, District 2, 8/10/11

court of appeals decision (1-judge, not for publication); for Amber D.: Thomas K. Voss; case activity

Timothy M.’s appearance by telephone, occasioned by his incarceration, didn’t violate his due process right to meaningfully participate in TPR proceedings, Waukesha Cnty. DHHS v. Teodoro E., 2008 WI App 16, ¶10, 307 Wis. 2d 372,

Kimberly A. v. Charles B., 2011AP129, District 3, 8/4/11

court of appeals decision (1-judge, not for publication); for Charles B.: Leonard D. Kachinsky; case activity

Counsel’s strategic decision not to voir dire jurors about what they may have heard during a heated sidebar discussion, and instead to request a limiting instruction to disregard anything they may have overheard, wasn’t deficient performance, ¶12. Nor was it prejudicial, given that he “offers no evidence,

Florence County Dept. of Human Services v. Edward S., Jr., 2011AP385, District 3, 6/28/11

court of appeals decision (1-judge, not for publication); for Edward S.: Leonard D. Kachinsky; case activity

Counsel’s stipulation without the parent’s on-record assent to the first element of TPR grounds (child placed outside home at least 6 months under CHIPS order) didn’t deprive parent of his right to jury trial. Walworth County DHHS v.

Walworth County DH&HS v. Roberta J. W., 2010AP2248, District 2, 6/22/11

court of appeals decision (1-judge, not for publication); for Roberta J.W.: Lora B. Cerone, SPD, Madison Appellate, case activity

By his overweening involvement in the trial process, evincing his prejudgment of the case and asking “countless questions of the witnesses” – to an extent that the GAL objected that “the judge was abusing his function and was not being fair to Roberta -,

Sheboygan County DH&HS v. Wesley M., No. 2010AP2946, District 2, 6/15/11

court of appeals decision (1-judge, not for publication); for Wesley M.: Leonard D. Kachinsky; case activity

¶7        A parent is entitled to the effective assistance of counsel in termination of parental rights proceedings, and the applicable standards are those which apply in criminal cases.  See A.S. v. State, 168 Wis.

Winnebago County DHHS v. Thomas C. W., 2010AP847, District 2, 3/16/11

court of appeals decision (1-judge, not for publication); for Thomas C.W.: Theresa J. Schmieder; case activity

Though trial counsel was ineffective with respect to a single discrete oversight – failure to lodge a meritorious motion for judgment notwithstanding verdict as to one of the 3 grounds for termination – the court discerns no basis to doubt either of the remaining 2 grounds,

Portage Co. HHS v. Jesus S., 2010AP2698, District 4, 2/3/11

court of appeals decision (1-judge, not for publication); for Jesus S.: Theresa J. Schmieder; case activity

For a no-contest plea to a TPR petition to be knowing and voluntary, the parent must be notified of the direct consequences of his or her plea, including an automatic finding of parental unfitness, ¶6, citing Oneida Cnty. Dep’t of Social Servs.

State v. Troy J., 2010AP670, District 1, 1/25/11

court of appeals decision (1-judge, not for publication); for Troy J.: Randall E. Paulson, SPD, Milwaukee Appellate; case activity

The judge presiding over disposition-phase of a TPR wasn’t required to disqualify himself where his daughter was employed to work in the guardian ad litem office of the local agency providing GAL work under contract, given that she had no involvement in that particular case.