Supreme Court of the United States · Official docket →
T. R. C. v. Wisconsin
Paid petition · Court of Appeals of Wisconsin, District I, No. 2018AP820 · judgment April 2, 2019
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Is Wis. Stat. §48.415 unconstitutional as applied when it was used to terminate the Fourteenth Amendment fundamental right of familial integrity of a mother due to “continuing need of protection or services” when the mother did not endanger the daughter?
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Does the Fourteenth Amendment require Wisconsin to protect a parent’s fundamental right of familial integrity with strict scrutiny analysis and least restrictive means throughout the termination of parental rights (TPR) case until that right is terminated?
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Did Wisconsin fail to protect a mother’s Fourteenth Amendment fundamental right of familial integrity when the trial court told the mother that a dispositional hearing would be “a bit different” than a termination of parental rights (TPR) trial and the trial court would still consider “all of the evidence” if the mother signed a no-contest plea?
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Was the guardian ad litem compromised beyond repair, in his role as advocate for the minor child involving her Fourteenth Amendment fundamental right of familial integrity in a termination of parental rights (TPR) case, when a search warrant was issued to seize his computer for child pornography during a “very close to reunification case?”
Counsel of record
For petitioner
Andrew J. Shaw
For respondent
Andrew W. Boden
Legal Aid Society of Milwaukee
Case
Conference history
Distributed for 1 conference
Proceedings
- Dec 09 2019Petition DENIED.
- Nov 13 2019DISTRIBUTED for Conference of 12/6/2019.
- Oct 23 2019Waiver of right of respondent State of Wisconsin to respond filed.
- Oct 23 2019Waiver of right of respondent Guardin Ad Litem to respond filed.
- Sep 30 2019Petition for a writ of certiorari filed. (Response due November 1, 2019)