Juveniles — TPR; ineffective assistance

By: WISCONSIN LAW JOURNAL STAFF//May 16, 2012//

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Wisconsin Court of Appeals

Civil

Juveniles — TPR; ineffective assistance

Marcy M. appeals from an order terminating her parental rights to her daughter, Khalasia, for failure to assume parental responsibility. The grounds phase of the termination of parental rights proceeding was decided on summary judgment, to which Marcy’s counsel submitted no opposing evidentiary materials. Marcy alleges ineffective assistance of counsel, arguing that counsel’s failure to submit any affidavit in opposition to summary judgment at the grounds phase was deficient performance that prejudiced her. We agree and reverse. This opinion will not be published.

2011AP2846 In re the termination of parental rights to Khalasia M.

Dist II, Racine County, Torhorst, J., Gundrum, J.

Attorneys: For Appellant: Earle, Jane S., Shorewood; For Respondent: Pape, Christopher D., Racine

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