Termination of Parental Rights

By: Derek Hawkins//September 9, 2020//

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WI Court of Appeals – District II

Case Name: Racine County Human Services Department v. S.MF.

Case No.: 2019AP2346; 2019AP2347

Officials: GUNDRUM, J.

Focus: Termination of Parental Rights

S.M.F. appeals from orders of the circuit court terminating her parental rights to M.J.S. and N.D.S. She claims her trial counsel was ineffective because at the trial to determine whether grounds for termination existed, counsel stipulated to the use of the post-2018 WIS JI—CIVIL 324, Involuntary Termination Of Parental Rights: Continuing Need Of Protection Or Services jury instruction and failed to call certain witnesses to defend S.M.F. against the petition. She also contends the court’s denial of her request for a mistrial following certain questioning of a witness by the State deprived her of a full and fair jury trial and “it is entirely probable that the accumulation of error suggest that the real controversy has not been tried here.” We affirm.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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