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STATE EX REL. ANGELA M.W. v. KRUZICKI

No. 95-2480-W.

197 Wis.2d 532 (1995)

541 N.W.2d 482

STATE of Wisconsin EX REL. ANGELA M.W., Petitioner, v. William KRUZICKI, Sheriff of Waukesha County, Rexford W. Titus, III, President, Waukesha Memorial Hospital, Fred Syrjanen, Director, Lawrence Center, & Director of Chemical Dependency at Waukesha Memorial Hospital, Circuit Court for Waukesha County, the Honorable Kathryn W. Foster, Waukesha County Corporation Counsel Thomas Farley, and Assistant Corporation Counsel William Domina, Respondents.

Court of Appeals of Wisconsin.

Decided October 6, 1995.

Attorney(s) appearing for the Case

On behalf of the petitioner, there were briefs by Robin Shellow and Angela Conrad of the Law Offices of Robin Shellow volunteer attorneys for the American Civil Liberties Union of Wisconsin Foundation, and Peter Koneasny legal director of the American Civil Liberties Union of Wisconsin Foundation. There was oral argument by Angela Conrad.

On behalf of the respondents, there were briefs by William J. Domina, assistant corporation counsel, and Margaret M. Zimmer, assistant corporation counsel. There was oral argument by William Domina.

There was a brief and oral argument by Guardian ad Litem, Jill C. Vento, of Brenner, Brenner & Wall, of Waukesha.

Before Anderson, P.J., Brown and Nettesheim, JJ.

NETTESHEIM, J.

Angela M.W., the mother of a viable fetus, filed an original action in this court seeking a writ of habeas corpus or, in the alternative, a supervisory writ barring the Waukesha County juvenile court from continuing to exercise jurisdiction in a pending child in need of protection or services (CHIPS) proceeding pursuant to § 48.13, STATS.

The threshold issue is whether Angela's viable fetus is...

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