On Point: E. Procedure

J.N.W. v. J.R.P., 2017AP1390, 9/20/17, District 2 (one-judge decision, ineligible for publication); case activity

Robert, the father of Jessica, appeals the termination of is parental rights. Specifically, he argues the trial court erred in granting summary judgment because there were genuine issues of material fact as to whether he failed to communicate with her for more than six months, and even if he did, whether he had good cause for his failure.

State v. J.M.W., 2017AP158, District 1, 9/6/17 (one-judge decision; ineligible for publication); case activity

J.M.W. contends the steps in the proceedings terminating his parental rights occurred out of order and therefore the circuit court lost competency to conduct a disposition hearing. The court of appeals holds he waived a competency challenge by not raising it in the circuit court first.

State v. K.J. & State v. A.W., 2016AP1501/1502 and 2017AP720/721, District 1, 8/8/17 (one-judge decision; ineligible for publication); case activity: 2016AP1501; 2016AP1502; 2017AP720; 2017AP721

The circuit court didn’t lose competency to terminate the parental rights of K.J. and A.W. after an initial TPR petition failed, nor did the doctrine of issue preclusion apply to the second TPR trial.

State v. K.H., 2016AP1180, District 1 (1-judge opinion, ineligible for publication); case activity

During a lengthy colloquy regarding her “no contest” plea to grounds for terminating parental rights to her son, K.H. “seemed confused.” She said she hadn’t taken all of her prescribed medication. The court was concerned that she “was not able to fully understand the proceedings.” So her lawyer conducted a direct examination to determine her understanding of what she was doing. Eventually, the court was satisfied that she did and found that her plea was freely, voluntarily and intelligently given. Then it proceeded to establish a factual basis for it. On appeal, K.H. contends that (1) her plea was not knowing, intelligent and voluntary, and (2) the court erred in accepting the plea before the factual basis for it was proven as required by §48.422(7).

State v. M.W., 2016AP2045 & 2046, 7/11/17, District 1 (one-judge decision; ineligible for publication); case activity

M.W. pled no contest to a continuing CHIPS ground in the initial phase of the termination of her parental rights. She argues on appeal that the court erred in hearing factual basis testimony after her plea colloquy and in finding unfitness when she did not agree with some of the factual basis presented.

State v. A.S.F., 2016AP2076, and State v. V.C., Jr., 2016AP2077, both District 1, 7/11/17 (one-judge decisions ineligible for publication); case activity: A.S.F.; V.C.

In this pair of decisions addressing the termination of the parental rights of both parents of J.T.C., the court of appeals rejects the parents’ claim that it was error to allow J.T.C.’s adoptive parent to testify that she would allow contact between the child and members of his biological family if the court terminated the parents’ rights. The court also rejects V.C.’s argument that the circuit court improperly relied on evidence from A.S.F.’s trial to “prove up” the factual basis for V.C.’s no-contest plea to the petition.

State v. K.P., 2017AP612 & 613, 7/11/2017 (one-judge decision, ineligible for publication); case activity

K.P. appeals the termination of his parental rights to his two children. He argues that the circuit court erred in striking his contest posture and finding him unfit after he failed to show up for the scheduled jury trial on his parental fitness.

State v. M.G., 2016AP1197, District 1, 7/5/16 (one-judge decision; ineligible for publication); case activity

M.G. moved to withdraw his no contest plea to the petition to terminate his parental rights based on CHIPS grounds. He alleged the plea colloquy was deficient regarding his waiver of the right to trial because his lawyer and the judge referred to his having a “second” trial regarding disposition, and that he was confused by these statements. (¶15). The court of appeals finds no deficiency in the plea colloquy and therefore no basis for plea withdrawal.

State v. K.C., 2017AP32, District 1, 4/25/17 (one-judge decision; ineligible for publication); case activity

The trial court properly exercised its discretion when, as a sanction for “egregious” behavior, it defaulted K.C. at the grounds-phase of the trial on the TPR petition filed against her.

Barron County DHHS v. C.K., 2015AP1378, 2015AP1379 & 2015AP1380, District 3, 4/11/17 (one-judge decision; ineligible for publication); case activity

C.K.’s argues she should get a new TPR trial because the circuit court erred by deciding an element of the grounds allegations without getting her personal waiver of the right to have the jury decide the element and by admitting evidence about drug activity at her home. The court of appeals rejects her claims.