On Point: E. Procedure

State v. B.L., 2023AP8, 4/11/23, District 1 (1-judge opinion, ineligible for publication); case activity

“Barry” appealed an order terminating his parental rights to his 4 1/2-year-old daughter, Alice. He argued that the circuit court erred in admitting his criminal history during the grounds phase and erred in finding that it was in Alice’s best interest to terminate his rights. He lost on both issues.

State v. N.H., 2022AP1945, District 1, 03/14/2023, (one-judge decision, not eligible for publication) case activity

This case presents a relatively straightforward application of how Bangert applies to termination of parental rights pleas. As noted by the decision, however, the Wisconsin Supreme Court is currently considering a more nuanced version of the issue in State v. A.G. In Nico’s (N.H.) case, the court of appeals again holds that a circuit court’s incorrect explanation of the applicable statutory standard at disposition entitles the parent to an evidentiary hearing under Bangert to determine whether the state can prove the parent’s plea was entered knowingly, intelligently, and voluntarily. Opinion, ¶1.

State v. Y.P.V., 2022AP1935-36, 3/21/23, District 1 (1-judge opinion, ineligible for publication); case activity

The court of appeals reversed and remanded this TPR for two reasons. First, the mom made a prima facie case that her “no contest” plea to grounds was not knowing, intelligent, and voluntary because, during the plea colloquy, the circuit court misstated the law that would apply during the disposition. Then, at the disposition phase, the circuit court failed to apply the proper standard of law and misstated an important fact.

Kenosha County v. A.C.S., 2022AP1821-1825, 2/15/23, District 2 (one judge decision; ineligible for publication); case activity

Here’s a fact pattern one hopes doesn’t come up too often. The county sought the termination of “Anna’s” parental rights to five children. It then moved for summary judgment on the grounds that she’d been convicted of a serious felony related to the death of another child. A hearing was set, but Anna’s counsel informed the court she’d be in trial in a homicide case. Expecting an adjournment–which both trial counsel and the court of appeals note is “common practice” in such a situation–the attorney told Anna the hearing would be put off. Counsel’s homicide trial then unexpectedly ended early, though she still had work to do to wrap it up. The TPR court apparently heard through the grapevine that the homicide trial was over. Without any successful contact–or much apparent effort to contact–Anna or her lawyer, the court held the scheduled hearing ex parte and, at the county’s request, granted summary judgment. Later, over Anna and her counsel’s protestations, the court terminated her rights.

Portage County DH & HS v. C.S., 2022AP1090, District 4, 02/23/2023, (one-judge decision, ineligible for publication) case activity

In what appears to be a first, the court of appeals addresses a grant of partial summary judgment against a parent specifically related to whether the county made a “reasonable effort” to provide services pursuant to a CHIPS order. See Wis. Stat. § 48.415(2)(a). One caveat being that the issue arises within the context of a postdisposition claim of ineffective assistance after trial counsel failed to file any response or affidavit opposing the county’s motion for summary judgment. Nevertheless, the court affirms the summary judgment order and holds that no genuine issue of material fact existed as to whether the county made a “reasonable effort” to provide services to C.S. that would have assisted him in meeting the conditions of return. (Opinion, ¶35).

R.G. v. S.P., 2022AP1876, District 4, 02/16/2023 (one judge opinion; ineligible for publication); case activity

R.G. filed a petition to voluntarily terminate his parental rights to a non-marital child that he had not seen in over seven years. The circuit court dismissed his petition for lack of jurisdiction. R.G. pursued an appeal pro se, arguing that Wis. Stat. § 48.185 supported his petition in Dane County.

Brown County DHHS v. T.R., 2022AP1094, District 3, 1/20/23 (one-judge decision; ineligible for publication); case activity

In a TPR proceeding a motion for summary judgment may be filed any time before trial, as prescribed in § 48.297(1) and (2), and is not governed by the time limit for summary judgment motions prescribed in § 802.08(1).

State v. O.F., 2022AP1703, District 1, 01/18/2023 (one-judge decision; ineligible for publication); case activity

Ultimately, the issue addressed by the court of appeals is whether O.F. received ineffective assistance of counsel where trial counsel was alleged to have “violated his duty of confidentiality and loyalty” to his client. O.F.’s claims were based on multiple statements made by his trial counsel that arguably disclosed confidential information to the court and painted O.F. in a bad light. The court rejects O.F.’s claim primarily because he failed to establish “any prejudice” and also rejects O.F.’s assertions that his IAC claim was structural and thus did not require a post-disposition motion or a Machner evidentiary hearing. (Opinion, ¶¶22-25).

C.K. and A.K. v. K.L., 2022AP1289, District 4, 12/22/22 (one-judge decision; ineligible for publication); case activity

The circuit court didn’t err in granting partial summary judgment on the termination of parental rights petition filed against K.L. by C.K. and A.K., the grandparents and guardians of K.L.’s daughter B.K., because there were no genuine issues of material facts as to whether K.L. established a good cause defense to the ground of abandonment alleged in the petition.

L.E.H. v. R.E.M., 2022AP713-715, 11/22/11, District 1; (1-judge opinion, ineligible for publication); case activity

“Luke” and “Rebecca” had 3 children together. After their relationship ended, Rebecca struggled with addiction and was charged with a number of crimes. Luke married and successfully petitioned to terminate Rebecca’s parental rights.  Rebecca appealed the TPR arguing the circuit court (1) improperly granted summary judgment on the grounds that she abandoned her children, and (2) created the appearance of bias during the disposition hearing.