Legal Opinion
State v. C. L. K. (In re S.M.H.)
Wisconsin Supreme Court
Decided February 19, 2019No. Nos. 2017AP1413 & 2017AP1414PublishedCited by 6 opinions
1Opinion of the CourtDaniel Kelly, J.
*422¶1 The State of Wisconsin petitioned the Milwaukee County Circuit Court to terminate C.L.K.'s parental rights, following which the matter went to trial in due course.1 After the State rested, the circuit court immediately decided that Mr. K. was an unfit parent. That is, the circuit court decided the matter before giving Mr. K. an opportunity to present his case. The State concedes this was error, but says it is susceptible to a "harmless-error" review. It is not. We hold that denying a defendant the opportunity to present his case-in-chief is a structural error, the consequence of which is…
2Cases cited33 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Arizona v. FulminanteSupreme Court of the United States · 1991
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3Cited by6 opinions
- Town of Wilson v. City of SheboyganWisconsin Supreme Court · 2020
- Southdakota v. A.V. (In re M.D.)Court of Appeals of Wisconsin · 2019
- Town of Wilson v. City of SheboyganWisconsin Supreme Court · 2020
- Adams Cnty. Health & Human Servs. Dep't v. D.J.S. (In re E.W.D.)Court of Appeals of Wisconsin · 2019
- Racine Cnty. Human Servs. Dep't v. L. R. H.-J. (In re J.N.J.-W.)Court of Appeals of Wisconsin · 2019
1 more not listed; retrieve them via the Exa API.