On Point blog, page 2 of 2
TPR–stipulation to element and effect on jury demand
Walworth Co. DHHS v. Andrea L.O., 2008 WI 46, on Certification
Issue/Holding: Stipulation to a TPR elements did not constitute withdrawal of the demand for a jury trial, where the element was submitted to, and found by, the jury under the instructions and special verdict form, ¶¶18-24.
The court approvingly analogizes to State v. Charles J. Benoit, 229 Wis.2d 630, 600 N.W.2d 193 (Ct.
TPR – Withdrawal of Element (Parental Unfitness) from Jury Consideration Amounted to Denial of Jury Trial
Manitowoc County HSD v. Allen J., 2008 WI App 137
Issue/Holding:
¶1 Allen J. appeals from orders terminating his parental rights to his children, Brandon [1] and Stephanie J. He argues that he was deprived of his right to a jury trial because the court, rather than the jury, answered one of the verdict questions on an element of parental unfitness. Allen’s counsel had stipulated that the element was satisfied,