Court Error – Ineffective Assistance of Counsel

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. A.S.F.

Case No.: 2016AP2076

Officials: DUGAN, J.

Focus: Court Error – Ineffective Assistance of Counsel

A.S.F. appeals the trial court’s order terminating her parental rights to her son, J.T.C., and the postdispositional court’s order denying her postdispositional motion alleging that trial counsel was ineffective because she did not object to the foster parent’s testimony that promised future contact between J.T.C. and the biological family, if termination were to occur (the “future contact testimony”).

On appeal, A.S.F. argues that (1) trial counsel was ineffective for failing to object to the future contact testimony, and (2) it was error and against public policy for the trial court to consider and rely upon the future contact testimony. She also requests a new trial in the interests of justice.

For the reasons stated below, we agree with the postdispositional court that A.S.F. has not established that trial counsel was ineffective for failing to object to the future contact testimony because Darryl T.-H. v. Margaret H., 2000 WI 42, ¶29, 234 Wis. 2d 606, 610 N.W.2d 475, holds that future contact testimony is admissible; therefore, A.S.F. has not shown deficient performance. Margaret H. is also dispositive of A.S.F.’s public policy argument. We also deny the request for a new trial.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.