Interest of M.S.
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| 20000183 |
In the Interest of M.S., a child
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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 |
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Nature of Action: |
Termination/Parental Rights
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| Counsel: |
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| Term: |
02/2001 Argument: 02/20/2001 02:45pm
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| ND cite: |
2001 ND 68
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| NW cite: |
624 N.W.2d 678
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| 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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 Add Docket 20000183 RSS
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| 1 | | 06/22/2000 | |
NOTICE OF APPEAL: 06/14/2000 |
| 2 | | 06/22/2000 | |
Copy of order directing waiver of filing fee, bond, and ordering transcript at public expense |
| 3 | | 06/22/2000 | |
ORDER FOR TRANSCRIPT (per clerk's office): 06/14/2000 |
| 4 | | 07/05/2000 | |
RETENTION OF RECORD ON APPEAL (Sharon Fox): 08/03/2000 |
| 5 | | 08/03/2000 | |
TRANSCRIPT DATED 3-30-00 |
| 6 | | 08/03/2000 | |
DISK - TRA dated 3-30-00 |
| 7 | | 08/16/2000 | |
RECORD ON APPEAL |
| 8 | | 08/24/2000 | |
MOT. EXT/TIME APPELLANT BRIEF w/Affidavit in Support |
| 9 | | 08/24/2000 | |
ACTION BY CLERK. Granted: 10/12/2000 |
| 10 | | 09/11/2000 | |
Copy of letter from Judge Riskedahl to David R. Bliss dated 9-8-00 RE: counsel not allowed access |
| 11 | | 09/11/2000 | |
to the ROA in this case |
| 12 | | 10/04/2000 | |
MOT. EXT/TIME APPELLANT BRIEF; AFFIDAVIT IN SUPPORT |
| 13 | | 10/06/2000 | |
ACTION BY CHIEF JUSTICE (MAT). Granted: 11/13/2000 |
| 14 | | 11/07/2000 | |
MOT. EXT/TIME APPELLANT BRIEF & AFFIDAVIT IN SUPPORT |
| 15 | | 11/07/2000 | |
ACTION BY CHIEF JUSTICE. Granted: 11/20/2000 |
| 16 | | 11/20/2000 | |
APPELLANT BRIEF |
| 17 | | 11/20/2000 | |
APPELLANT APPENDIX |
| 18 | | 11/20/2000 | |
DISK - atb |
| 19 | | 12/20/2000 | |
MOT. EXT/TIME APPELLEE BRIEF (filed by William D. Schmidt) |
| 20 | | 12/20/2000 | |
ACTION BY CLERK (w/understanding Oral Argument in February). Granted: 01/05/2001 |
| 21 | | 12/21/2000 | |
APPELLEE BRIEF (Barb Dvorak) |
| 22 | | 12/21/2000 | |
DISK - AEB (Dvorak) |
| 23 | | 01/05/2001 | |
APPELLEE BRIEF (Guardian Ad Litem for M.S., Child) |
| 24 | | 01/05/2001 | |
DISK - AEB (Guardian Ad Litem for M.S.) |
| 25 | | 02/20/2001 | |
APPEARANCES: Edwin W.F. Dyer; Rick Lee Volk |
| 26 | | 02/20/2001 | |
ARGUED: Dyer; Volk (Vol. X; page 111) |
| 27 | | 02/20/2001 | |
ORAL ARGUMENT WEBCAST |
| 28 | | 04/12/2001 | |
DISPOSITION: AFFIRMED |
| 29 | | 04/12/2001 | |
UNANIMOUS OPINION: Maring, Mary Muehlen |
| 30 | | 04/13/2001 | |
Order/Judgment Mailed to Parties |
| 31 | | 05/18/2001 | |
MANDATE |
| 32 | | 05/18/2001 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 33 | | 06/20/2007 | |
EXPUNGED - Nonpermanent record items destroyed |