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T. R. C. v. Wisconsin

Paid petition · Court of Appeals of Wisconsin, District I, No. 2018AP820 · judgment April 2, 2019


Certiorari denied · December 9, 2019
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. 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?

  2. 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?

  3. 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?

  4. 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

  1. Dec 09 2019
    Petition DENIED.
  2. Nov 13 2019
    DISTRIBUTED for Conference of 12/6/2019.
  3. Oct 23 2019
    Waiver of right of respondent State of Wisconsin to respond filed.
  4. Oct 23 2019
    Waiver of right of respondent Guardin Ad Litem to respond filed.
  5. Sep 30 2019
    Petition for a writ of certiorari filed. (Response due November 1, 2019)