2011AP385 In re the termination of parental rights to Joseph S.

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Juveniles
TPR; ineffective assistance

Edward S., Jr., appeals an order terminating his parental rights to Joseph S. on the grounds that Joseph was in continuing need of protection or services. Edward argues he was deprived of his right to a jury trial because the circuit court accepted his counsel’s stipulation to the first element of continuing CHIPS without determining whether Edward personally assented to the stipulation. Edward also contends his trial counsel was ineffective because, at the close of evidence, there was insufficient evidence supporting the first element and thus trial counsel should not have entered into a stipulation.

We conclude that despite the stipulation, Edward received a jury trial on the first element. The jury was presented with ample evidence of the element, was instructed on the element, and answered a verdict question on the element. We also determine that even if the circuit court, not the jury, had answered the verdict question, any error would be harmless. We affirm. This opinion will not be published.

2011AP385 In re the termination of parental rights to Joseph S.

Dist III, Florence County, Madden, J., Hoover, P.J.

Attorneys: For Appellant: Kachinsky, Leonard D., Appleton; For Respondent: Hahner, Mikael G., Iron Mountain, Mich.

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