On Point blog, page 15 of 15
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,
Admissibility of Evidence — Expert Opinion Testimony on TPR Parent’s Ability to Meet Condition for Child’s Return
Brown County v. Shannon R., 2005 WI 160, reversing unpublished opinion
Issue: Whether the circuit court erroneously exercised discretion in precluding expert testimony on the issue of whether the TPR respondent is likely to be able to meet the conditions for return of her children.
Holding:
¶40 In deciding the issue of foundation, the circuit court seemed fixated on the psychological tests that Dr.
TPR, Sufficiency of Evidence — Jury Verdict That State Failed to Prove Grounds
State v. Lamont D., 2005 WI App 264
Issue Whether the State sufficiently proved grounds to support TPR such that the court should change the jury’s special verdict to the contrary.
Holding: “Because the record contains contradictory evidence and a key witness did not testify, and because it is possible the jury did not believe that the State proved the six-month period of abandonment, the trial court’s refusal to change the verdict answer or to grant a new trial was not ‘clearly wrong,’” ¶1.