On Point blog, page 4 of 58
COA rejects attack on discretionary termination order under well-settled precedent
Dane County v. J.B., 2024AP985, 7/25/24, District IV (one-judge decision; ineligible for publication); case activity
Because J.B.’s request that COA reweigh the dispositional factors in her favor is precluded by governing case law, COA affirms.
COA affirms circuit court’s order denying TPR defendant’s request for new counsel.
Portage County v. W.P.R., 2024AP454, 7/11/24, District IV (one-judge decision; ineligible for publication); case activity
COA affirms circuit court’s order denying defendant’s request for new counsel in TPR case.
In a refreshingly straightforward statutory construction case, SCOW upholds defense TPR win
State v. R.A.M., 2024 WI 26, 6/25/24, affirming an unpublished court of appeals decision; case activity (including briefs)
In a 5-2 defense win, SCOW concludes that a statute requiring the circuit court to wait two days before proceeding to disposition after finding a parent in default means what it says.
In a sequel to its previous decision in A.G., SCOW holds that parent is not entitled to plea withdrawal or new dispo hearing; leaves other issues open
State v. B.W., 2024 WI 28, 6/27/24, affirming an unpublished court of appeals decision; case activity (including briefs)
In a closely-watched TPR appeal, SCOW issues a decision that leaves many open questions regarding the vexing “burden of proof” issue that has ensnarled lower courts.
Mother’s sufficiency of the evidence challenge rejected because circuit court entered a TPR dispo order “a reasonable judge could reach”
State v. E.S., 2024AP395 & 396, 5/21/24, District I (one-judge decision; ineligible for publication); case activity
E.S. (“Emily”) challenges the sufficiency of the evidence supporting the circuit court’s finding that her children did not have a substantial relationship with her and that they were too young to express their wishes. The court of appeals affirms after reviewing the record and concluding that the circuit court properly exercised its discretion by considering the statutorily required disposition factors and reaching a decision that a reasonable judge could reach Op., ¶26.
Advice to admit to “reasonable effort” not structural or prejudicial error in TPR trial
Kenosha County DC&FS v. M.A.C., 2023AP2068 & 2069, 5/14/24, District II (one-judge decision; ineligible for publication); case activity
M.A.C. (“Molly”) challenges the circuit court’s decision to deny her postdisposition motion without a hearing. The court of appeals affirms because it says Molly can’t establish she was prejudiced by her trial attorney’s advice that she admit the county made a “reasonable effort” to provide services ordered by the CHIPS court.
Circuit court properly granted summary judgment based on failure to respond to requests for admission and trial counsel was not ineffective for failing to respond
Kenosha County DC&FS v. A.G.O., 2023AP1305, 1307 & 1308, 5/8/24, District II (one-judge decision; ineligible for publication); case activity
In yet another TPR case involving allegations of ineffective assistance, COA affirms based on hard-to-overcome legal standards.
COA holds parent failed to establish deficient performance in TPR appeal alleging IAC
Kenosha County DC&FS v. M.A.M., 2023AP1643-45, 4/24/24, District II (one-judge decision; ineligible for publication); case activity
In a case demonstrating the difficult hurdles litigants must clear in order to prove deficient performance, COA affirms an underlying order terminating “Mary’s” parental rights.
COA: Mother forfeited personal jurisdiction and improper substitution claims
State v. J.S.,, 2024AP180 & 2024AP181, 4/16/24, District I (one-judge decision; ineligible for publication); case activity
On appeal from TPR orders related to her two children, J.S. (“Julia”) raised two issues: whether the circuit court had personal jurisdiction over her and whether the circuit court erred by granting the GAL’s substitution request. The court of appeals makes short work of each argument because Julia forfeited the claims by not first raising either issue in the circuit court.
Fact-dependent attack on discretionary TPR order fails under extremely forgiving standard of review
Winnebago County Department of Human Services v. C.R.Q., II,, 2024AP81, 4/17/24, District II (one-judge decision; ineligible for publication); case activity
In a fact-dependent TPR appeal, “Craig” attacks the circuit court’s discretionary ruling on multiple fronts but fails due to the imposing standard of review.