2010AP1979, 2010AP1980, 2010AP1981 In re the termination of parental rights to Samara R., et al

Listen to this article

Juveniles
TPR; due process; competence

Marquita R. appeals the orders terminating her parental rights to three of her children: Ziear R., Samara R., and Marquita R. Marquita R. contends that the trial court violated her due process rights when, after she was found incompetent in another court, the trial court entered a default judgment against her as a result of Marquita R.’s conduct during the pendency of the case, thereby eliminating her right to a jury trial during the fact-finding stage. She also claims that she was prejudiced by the trial court’s failure to inform her of her rights pursuant to Wis. Stat. § 48.422(1) (2007-08). Because Marquita R.’s conduct and statements made to others before she was found incompetent, during the period of her incompetency, and after she regained competency all support the trial court’s findings that Marquita R. intentionally delayed the proceedings by appearing at various emergency rooms and hospitals on court dates with bogus or suspect claims of illness and these multiple attempts were egregious, the trial court properly exercised its discretion in sanctioning her. In addition, Marquita R.’s due process rights were not violated because she was represented by both an attorney and a guardian ad litem and her actions, despite her mental illness, were both premeditated and intentional. Finally, Marquita R. claims she was prejudiced by the trial court’s failure to formally advise her of her rights pursuant to Wis.

Stat. § 48.422(1); however, the case law she cites for support has been overruled. Moreover, Marquita R. exercised all the rights that would have been given to her had a formal advisal occurred. Thus, any error is harmless. This court affirms. This opinion will not be published.

2010AP1979, 2010AP1980, 2010AP1981 In re the termination of parental rights to Samara R., et al

Dist I, Milwaukee County, Foley, J., Curley, P.J.

Attorneys: For Appellant: Chesshir, Carl W., Eagle; For Respondent: Hammond, Joy M., Milwaukee

Full Text