Timothy W. Miller v. Angela L. Carroll


2020 WI 56 SUPREME COURT OF WISCONSIN CASE NO.: 2017AP2132 COMPLETE TITLE: In re the Paternity of B. J. M.: Timothy W. Miller, Joint-Petitioner-Appellant, v. Angela L. Carroll, Joint-Petitioner-Respondent- Petitioner. REVIEW OF DECISION OF THE COURT OF APPEALS Reported at 386 Wis. 2d 267,925 N.W.2d 580 PDC No:2019 WI App 10 - Published OPINION FILED: June 16, 2020 SUBMITTED ON BRIEFS: ORAL ARGUMENT: January 13, 2020 SOURCE OF APPEAL: COURT: Circuit COUNTY: Barron JUDGE: Michael J. Bitney JUSTICES: DALLET, J., delivered the majority opinion of the Court, in which ROGGENSACK, C.J., and ZIEGLER, J., joined; and in which ANN WALSH BRADLEY, J., joined except for footnote 18. ANN WALSH BRADLEY, J., filed a concurring opinion. ZIEGLER, J., filed a concurring opinion. DALLET, J., filed a concurring opinion, in which HAGEDORN, J., joined. HAGEDORN, J., filed a dissenting opinion, in which REBECCA GRASSL BRADLEY, and KELLY, JJ., joined except for footnote 1 and ¶¶120-24, but do join footnote 3. NOT PARTICIPATING: ATTORNEYS: For the joint-petitioner-respondent-petitioner, there were briefs filed by Brandon M. Schwartz, Michael D. Schwartz, and Schwartz Law Firm, Oakdale, Minnesota. There was an oral argument by Brandon M. Schwartz. For the joint-petitioner-appellant, there was a brief filed by Stephanie L. Finn, David J. Rice, Terry L. Moore, and Herrick & Hart, S.C., Eau Claire. There was an oral argument by Terry L. Moore. An amicus curiae brief was filed on behalf of Wisconsin Chapter of American Academy of Matrimonial Lawyers by Daniel P. Bestul and Duxstad & Bestul, S.C., Monroe; with whom on the brief was Jennifer Van Kirk and Peckerman, Klein & Van Kirk LLP, Milwaukee. 2 2020 WI 56 NOTICE This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. No. 2017AP2132 (L.C. No. 2011PA46PJ) STATE OF WISCONSIN : IN SUPREME COURT In re the Paternity of B.J.M.: Timothy W. Miller, FILED Joint-Petitioner-Appellant, JUN 16, 2020 v. Sheila T. Reiff Angela L. Carroll, Clerk of Supreme Court Joint-Petitioner-Respondent- Petitioner. DALLET, J., delivered the majority opinion of the Court, in which ROGGENSACK, C.J., and ZIEGLER, J., joined; and in which ANN WALSH BRADLEY, J., joined except for footnote 18. ANN WALSH BRADLEY, J., filed a concurring opinion. ZIEGLER, J., filed a concurring opinion. DALLET, J., filed a concurring opinion, in which HAGEDORN, J., joined. HAGEDORN, J., filed a dissenting opinion, in which REBECCA GRASSL BRADLEY, and KELLY, JJ., joined except for footnote 1 and ¶¶120-24, but do join footnote 3. REVIEW of a decision of the Court of Appeals. Affirmed. ¶1 REBECCA FRANK DALLET, J. This case presents an issue of first impression: an allegation of judicial bias arising from a circuit court judge's undisclosed social media connection with a litigant. No. 2017AP2132 ¶2 In this case, a circuit court judge accepted a Facebook "friend request" from the mother in a custody dispute after a contested hearing, but before rendering a decision.1 In the course of their 25-day Facebook "friendship," the mother "liked" 16 of the ...

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