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Juveniles – TPR — failure to assume parental responsibility

By: WISCONSIN LAW JOURNAL STAFF//May 29, 2013//

Juveniles – TPR — failure to assume parental responsibility

By: WISCONSIN LAW JOURNAL STAFF//May 29, 2013//

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Wisconsin Court of Appeals

Civil

Juveniles – TPR — failure to assume parental responsibility

Dustin J. K. V. appeals from the order terminating his parental rights to Breyanna L. C. on the ground that he failed to assume parental responsibility. See Wis. Stat. § 48.415(6). He argues that he was deprived of the effective assistance of counsel when his trial counsel failed to object during the fact-finding hearing to evidence related to acts that occurred before Dustin learned his girlfriend Jenna L. C., Breyanna’s mother, was pregnant. He also argues that a new trial is warranted in the interest of justice because the admission of that same evidence meant his trial was fundamentally unfair and the “real controversy” was not fully tried. Because Dustin has not established that his trial counsel was ineffective or that the interest of justice requires a new trial, we affirm. This opinion will not be published.

2012AP2696 In the interest of Breyanna L.C.

Dist II, Walworth County, Reddy, J., Gundrum, J.

Attorneys: For Appellant: Alesia, Susan E., Madison; For Respondent: Neary, Elizabeth A., Waukesha

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