On Point blog, page 2 of 2
Counsel wasn’t ineffective for not objecting to nonstandard five-sixths verdict instruction in TPR case
State v. Jimmy J., 2014AP573, District 1, 8/5/14 (1-judge; ineligible for publication); case activity
Trial counsel had a reasonable strategic reason for not objecting to court’s instructing TPR jury that while agreement of 10 or more jurors was necessary as to each verdict question, the same 10 jurors should agree on all the answers.
Wisconsin Supreme Court: New fact-finding hearing before a jury is the proper remedy for erroneous grant of default judgment due to parent’s tardy appearance at second day of trial
Dane County DHS v. Mable K., 2013 WI 28, reversing court of appeals summary order; case activity
¶3 We conclude, and the circuit court has acknowledged, that it erroneously exercised its discretion when it entered a default judgment finding that grounds existed to terminate Mable K.’s parental rights after barring her attorney from offering additional evidence. It also erred when it granted the default judgment before taking evidence sufficient to establish the grounds alleged in the amended petitions.