On Point: B. Constitutional rights

Marathon County v. S.S., 2024AP1866, 5/8/25, District III (1-judge decision, ineligible for publication); case activity

“Sean” appeals orders of the circuit court terminating his parental rights to his daughter, “Zoey,” and denying his motion for postdisposition relief. He argues that he was denied effective assistance of counsel in four respects during the grounds trial, and that he was prejudiced by the individual and cumulative effects of counsel’s deficient performance. COA rejects Sean’s first two IAC claims and concludes that he failed to establish prejudice.

State v. T.N., 2024AP1280, 4/22/25, District I (1-judge decision, ineligible for publication); case activity

T.N. appeals, arguing that she received ineffective assistance of counsel when her attorney did not object to statements she contends are inadmissible hearsay. COA assumes without deciding that the statements were hearsay and affirms the circuit court’s orders, concluding there was no prejudice to T.N.

Kenosha County DC&FS v. K.E.H., 2024AP1101, 2/26/25, District II (1-judge decision, ineligible for publication); case activity

In a dense and fact-dependent appeal stemming from a TPR jury trial, COA applies strict legal standards in order to reject the appellant’s multiple claims of ineffectiveness.

Fond du Lac County Dept. of Social Services v. T.P.W., Jr., 2024AP553, 10/9/24, District II (one-judge decision; ineligible for publication); case activity

COA affirms circuit court’s decision refusing to instruct jury regarding “impossibility” at T.P.W.’s trial to terminate his parental rights because he was incarcerated two months after conditions for return were ordered and his incarceration was not sole basis he failed to meet conditions.

A.K.B. v. J.J.G., 2024AP1116, 10/9/24, District II (one-judge decision; ineligible for publication); case activity

“Jay” appeals from orders terminating his parental rights and denying his postdisposition motion, arguing the circuit court erroneously exercised its discretion when it terminated his parental rights under the voluntary termination statute, Wis. Stat. § 48.41, rather than applying the hearing procedure for involuntary terminations as set forth in § 48.422. The COA affirms.

Waushara County DHS v. A.M.S., 2024AP730-733, District IV, 10/3/24 (one-judge decision; ineligible for publication); case activity

In a dense and fact-specific opinion, COA rejects A.M.S.’s attempts to argue that she was precluded from presenting relevant evidence at her TPR trial and affirms.

E.S. v. K.R.K., 2024AP1174, District II, 8/28/24 (one-judge decision; ineligible for publication); case activity

In yet another chapter in the ongoing “burden of proof” saga in TPR world, COA swats away K.R.K.’s constitutional challenge while also holding that she is not entitled to a new dispositional hearing at which time an explicit burden of proof can be utilized.

Portage County v. W.P.R., 2024AP454, 7/11/24, District IV (one-judge decision; ineligible for publication); case activity

COA affirms circuit court’s order denying defendant’s request for new counsel in TPR case.

Kenosha County DC&FS v. A.G.O., 2023AP1305, 1307 & 1308, 5/8/24, District II (one-judge decision; ineligible for publication); case activity

In yet another TPR case involving allegations of ineffective assistance, COA affirms based on hard-to-overcome legal standards.

Jackson County Department of Human Services v. I.J.R.,, 2023AP1495-6 4/11/24, District IV (one-judge decision; ineligible for publication); case activity

In yet another beefy TPR appeal presenting multiple issues, COA rejects all of I.J.R.’s arguments and affirms.