Interest of D.N., D.N., C.N., Children
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| 20000234 |
In the Interest of D.N., D.N., and C.N., Children
Constance L. Cleveland, Petitioner and Appellee
v.
R.N., Father, D.N., Mother, Respondents and Appellants
and
D.N., D.N., and C.N., children,
and Mark A. Beauchene,
Guardian Ad Litem, Respondents
|
| Appeal from: |
Juvenile Court,
East Central Judicial District,
Cass County
Judge Norman J. Backes |
|
Nature of Action: |
Termination/Parental Rights
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| Counsel: |
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| Term: |
03/2001 Argument: 03/26/2001 02:45pm
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| ND cite: |
2001 ND 71
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| NW cite: |
624 N.W.2d 686
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
1. Did the trial court err in determining that the father's disability detrimentally impacted the children?
2. Did the evidence establish clearly and convincingly that the children had suffered, or would probably suffer, serious physical, mental, moral, or emotional harm if parents' parental rights were not terminated?
3. Did the trial court err in determining that the state proved by clear and convincing evidence that the cause of deprivation of the children was likely to continue?
Appellee's Statement of the Issues:
Whether the petitioner has proven termination of parental rights is justified under n.d.c.c. 27-20-44.
A. Were the children "deprived children"
B. Is the deprivation likely to continue
C. Will there be harm to the children
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 Add Docket 20000234 RSS
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| 1 | | 08/15/2000 | |
NOTICE OF APPEAL: 08/11/2000 |
| 2 | | 08/15/2000 | |
THIS CASE IS CONFIDENTIAL |
| 3 | | 08/15/2000 | |
THIS CASE IS CONSOLIDATED W/20000235; MAKE ALL ENTRIES IN THIS CASE |
| 4 | | 09/12/2000 | |
RECORD ON APPEAL |
| 5 | | 09/12/2000 | |
The Record for #200000235 is entered in that case |
| 6 | | 09/20/2000 | |
ORDER FOR TRANSCRIPT: 09/19/2000 |
| 7 | | 09/20/2000 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 8 | | 05/04/2001 | |
ACTION BY CHIEF JUSTICE (MPR). Granted: 05/21/2001 |
| 9 | | 09/21/2000 | |
ACTION BY CLERK (Approx. date - actual date 30 days after filing of Transcripts. Granted: 01/17/2001 |
| 10 | | 09/21/2000 | |
CLERK'S SUPPLEMENTAL CERTIFICATE OF APPEAL (Entry #83) |
| 11 | | 09/27/2000 | |
TRANSCRIPT DATED MARCH 30, 2000 |
| 12 | | 09/28/2000 | |
DISK - TRA 3-30-00 |
| 13 | | 10/10/2000 | |
Clerk's Supp. (2) Cert. of ROA dated 10/9/00 (entry 84) |
| 14 | | 10/11/2000 | |
Transcript dated 10-1-99 |
| 15 | | 10/13/2000 | |
DISK - TRA (10-1-99) |
| 16 | | 11/09/2000 | |
MOT. EXT/TIME TRANSCRIPT |
| 17 | | 11/09/2000 | |
ACTION BY TRIAL COURT. Granted: 12/18/2000 |
| 18 | | 12/04/2000 | |
CLERK'S SUPPLEMENTAL CERTIFICATE OF APPEAL DATED NOVEMBER 30, 2000 (ENTRIES 86 THRU 92 & 94 |
| 19 | | 12/04/2000 | |
not rec'd w/the Supplemental was #93 (Tape)) |
| 20 | | 12/18/2000 | |
TRANSCRIPT DATED December 27, 1999 and December 28, 1999 - Vols. 1 & 2 |
| 21 | | 12/22/2000 | |
DISK of TRA dated 12-27-99 and 12-28-99 |
| 22 | | 01/17/2001 | |
APPELLANT BRIEF |
| 23 | | 01/17/2001 | |
APPELLANT APPENDIX |
| 24 | | 01/18/2001 | |
DISK of ATB |
| 25 | | 01/23/2001 | |
DISK - Corrected ATB |
| 26 | | 02/20/2001 | |
APPELLEE BRIEF |
| 27 | | 02/20/2001 | |
APPELLEE APPENDIX |
| 28 | | 02/21/2001 | |
DISK - AEB |
| 29 | | 03/02/2001 | |
Corrected table of authorities and corrected page 9 of AEB (inserted into AEB) |
| 30 | | 03/02/2001 | |
DISK (CORRECTED) - AEB |
| 31 | | 03/26/2001 | |
APPEARANCES: Steven D. Mottinger; Constance L. Cleveland |
| 32 | | 03/26/2001 | |
ARGUED: Mottinger; Cleveland (Vol. X; page 118) |
| 33 | | 03/26/2001 | |
ORAL ARGUMENT WEBCAST |
| 34 | | 04/12/2001 | |
DISPOSITION: AFFIRMED |
| 35 | | 04/12/2001 | |
UNANIMOUS OPINION: Maring, Mary Muehlen |
| 36 | | 04/13/2001 | |
Order/Judgment Mailed to Parties |
| 37 | | 05/03/2001 | |
Mot. Ext/Time Petition for Rehearing from AT w/ letter re Steven D. Mottinger agreeing |
| 38 | | 05/03/2001 | |
to discontinue representation of AT |
| 39 | | 05/07/2001 | |
Copy of Order to Withdraw as Counsel filed in trial court on May 3, 2001 |
| 40 | | 05/08/2001 | |
Supplemental Clerk's Certificate dated 5-7-01 (Entry Nos. 96-100 (Not rec'd - #95--S.C. receipt) |
| 41 | | 05/21/2001 | |
PETITION FOR REHEARING of R.N. (father) |
| 42 | | 05/21/2001 | |
PETITION FOR REHEARING of D.N. (mother) |
| 43 | | 05/23/2001 | |
DISK - Petition for Rehearing (R.N., father) |
| 44 | | 05/23/2001 | |
DISK - Petition for Rehearing (D.N., mother) e-mailed |
| 45 | | 06/08/2001 | |
ACTION BY SUPREME COURT (PER - R.N., Father). Denied |
| 46 | | 06/08/2001 | |
ACTION BY SUPREME COURT (PER - D.N., Mother). Denied |
| 47 | | 06/21/2001 | |
MANDATE |
| 48 | | 06/25/2001 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 49 | | 06/27/2007 | |
EXPUNGED - Nonpermanent record items destroyed |