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TPR – Right to Appearance by Counsel, Notwithstanding Parent’s Default in Failing to Personal...
¶41 We do not accept the State's position for three reasons. First, Wis. Stat. § 48.23 does not provide a right to counsel only to...
Dec 15, 20063 min read
TPR – Right to Counsel, Waiver
¶57     The State also argues that Shirley E., a parent over 18 years of age, has waived her right to counsel by not appearing...
Dec 13, 20061 min read
TPR – Default as Sanction for Failure to Appear
The circuit court did not order a default under Wis. Stat. § 806.02(5). Shirley E. had "appeared" at the hearing by her attorney....
Dec 13, 20062 min read
Substantive Due Process – Grounds for Termination – Impossible to Meet Condition for Return
Issue: Whether finding of parental unfitness in a TPR, grounded on a condition for the child’s return that was impossible to meet when...
Jul 15, 20062 min read
Voluntariness of Plea to Grounds for Termination, Procedure for Challenging, Confusion of Parent
Issue/Holding: The circuit court must undertake a colloquy with the parent tracking § 48.422(7); the parent must know the rights being...
May 15, 20061 min read
TPR – Self-Representation – Standards
Issue/Holding1: The same “self-representation competency standards developed in … criminal cases†applies to TPRs, ¶¶9-16....
Apr 15, 20062 min read
Appellate Procedure - Harmless Error – Erroneous Admission of Misconduct Evidence (of Uncharged...
State v. Randy Mcgowan, 2006 WI App 80 For Mcgowan: Dianne M. Erickson Issue/Holding: Wrongful admission of misconduct evidence was...
Feb 24, 20061 min read
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