Interest of M.S.

20000183 In the Interest of M.S., a child
-------------
Barb Dvorak, Petitioner and Appellee
v.
S.H., Mother, Respondent and Appellant
and
C.S., Father, Respondent
and
M.S., Child, and
her Guardian Ad Litem,
William D. Schmidt,
Attorney at Law, Respondents and Appellees

Appeal from: Juvenile Court, South Central Judicial District, Burleigh County
Judge Burt L. Riskedahl
Nature of Action: Termination/Parental Rights
Counsel:
Appellant: Dyer & Summers, P.C.
Appellee: Rick Lee Volk , Asst. State's Attorney
Appellee: William Delaney Schmidt
Term: 02/2001   Argument: 02/20/2001  2:45pm
ND cite: 2001 ND 68
NW cite: 624 N.W.2d 678

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
Whether the termination of S.H.'s parental rights to M.S. ordered by the District Court is supported by evidence beyond a reasonable doubt, including the testimony of qualified expert witnesses, that the continued custody of M.S. by S. H. is likely to result in serious emotional or physical damage to her.

Appellee's Statement of the Issues:
I. Whether the District Court's finding that M.S. is a deprived child is supported by sufficient evidence.
II. Whether the District Court's finding that the deprivation of M.S. is likely to continue or will not be remedied is supported by sufficient evidence.
III. Whether the District Court's finding that as a result of the continued deprivation, M.S. is suffering or will probably suffer serious physical, mental, moral or emotional harm is supported by sufficient evidence.

Appellee's Statement of the Issues:
I. Whether the District Court's Finding that M.S. is a deprived child is supported by sufficient, clear and convincing evidence.
II. Whether the District Court's Finding that the deprivation of M.S. is likely to continue or will not be remedied is supported by sufficient, clear and convincing evidence.
III. Whether the District Court's finding that as a result of the continued deprivation, M.S. is suffering or will probably suffer serious physical, mental, moral or emotional harm is supported by evidence beyond a reasonable doubt.
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Docket entries:
106/22/2000 NOTICE OF APPEAL: 06/14/2000
206/22/2000 Copy of order directing waiver of filing fee, bond, and ordering transcript at public expense
306/22/2000 ORDER FOR TRANSCRIPT (per clerk's office): 06/14/2000
407/05/2000 RETENTION OF RECORD ON APPEAL (Sharon Fox): 08/03/2000
508/03/2000 TRANSCRIPT DATED 3-30-00
608/03/2000 DISK - TRA dated 3-30-00
708/16/2000 RECORD ON APPEAL
808/24/2000 MOT. EXT/TIME APPELLANT BRIEF w/Affidavit in Support
908/24/2000 ACTION BY CLERK. Granted: 10/12/2000
1009/11/2000 Copy of letter from Judge Riskedahl to David R. Bliss dated 9-8-00 RE: counsel not allowed access
1109/11/2000 to the ROA in this case
1210/04/2000 MOT. EXT/TIME APPELLANT BRIEF; AFFIDAVIT IN SUPPORT
1310/06/2000 ACTION BY CHIEF JUSTICE (MAT). Granted: 11/13/2000
1411/07/2000 MOT. EXT/TIME APPELLANT BRIEF & AFFIDAVIT IN SUPPORT
1511/07/2000 ACTION BY CHIEF JUSTICE. Granted: 11/20/2000
1611/20/2000 APPELLANT BRIEF
1711/20/2000 APPELLANT APPENDIX
1811/20/2000 DISK - atb
1912/20/2000 MOT. EXT/TIME APPELLEE BRIEF (filed by William D. Schmidt)
2012/20/2000 ACTION BY CLERK (w/understanding Oral Argument in February). Granted: 01/05/2001
2112/21/2000 APPELLEE BRIEF (Barb Dvorak)
2212/21/2000 DISK - AEB (Dvorak)
2301/05/2001 APPELLEE BRIEF (Guardian Ad Litem for M.S., Child)
2401/05/2001 DISK - AEB (Guardian Ad Litem for M.S.)
2502/20/2001 APPEARANCES: Edwin W.F. Dyer; Rick Lee Volk
2602/20/2001 ARGUED: Dyer; Volk (Vol. X; page 111)
2702/20/2001 ORAL ARGUMENT WEBCAST
2804/12/2001 DISPOSITION: AFFIRMED
2904/12/2001 UNANIMOUS OPINION: Maring, Mary Muehlen
3004/13/2001 Order/Judgment Mailed to Parties
3105/18/2001 MANDATE
3205/18/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3306/20/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 09/19/2014