On Point blog, page 5 of 5
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,
TPR – Appellate Procedure — State’s Appeal, Commenced by GAL
State v. Lamont D., 2005 WI App 264
Issue/Holding:¶1 n. 4:
Lamont argues that this court does not have jurisdiction over this matter because the guardian ad litem filed the notice of appeal and the State simply joined in the appeal instead of the other way around. We reject Lamont’s contention. WISCONSIN STAT. § 48.235(7) plainly states that the guardian ad litem “may appeal,