Interest of K.L. and M.S.

20070309 Interest of K.L., a Child
Interest of M.S., a Child
-------------------
State of North Dakota, Petitioner and Appellee
v.
T.L., Mother, Respondent and Appellant
------------------
K.L., a child; M.S., a
child; B.A. and John Doe,
fathers; and S.S., father, Respondents

Appeal from: Juvenile Court, East Central Judicial District, Cass County
Judge Cynthia Rothe-Seeger
Nature of Action: Juvenile Law
Counsel:
Appellant: Mark Taylor Blumer
Appellee: Pam H. Ormand , Asst. State's Attorney
Appellant: Jessica Johanna Ahrendt
Term: 05/2008   Argument: 05/27/2008  1:30pm
ND cite: 2008 ND 131
NW cite: 751 N.W.2d 677

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I.Whether the trial court erred in determining that there was clear and convincing evidence that the conditions and causes of deprivation are likely to continue.
II.Whether the trial court erred in determining there was clear and convincing evidence that the children will probably suffer serious physical, mental, moral, or emotional harm.
III.Whether T.L. was deprived of effective assistance of counsel.

Appellee's Statement of the Issues:
I.Whether the trial court properly terminated the parental rights of T.L. where clear and convincing evidence established that the causes of deprivation are likely to continue or will not be remedied?
II.Whether the trial court properly terminated the parental rights of T.L. where clear and convincing evidence established that K.L. and M.S. are suffering or will suffer serious physical, mental, moral, or emotional harm?
III.Whether T.L. had effective assistance of counsel where counsel moved for a continuance and presented evidence to the court that T.L. had been accepted to a methamphetamine treatment program the day before the trial started?

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Docket entries:
110/18/2007 NOTICE OF APPEAL: 10/16/2007
210/18/2007 ORDER FOR TRANSCRIPT: 10/16/2007
310/18/2007 -----CONFIDENTIAL------
410/18/2007 (This case is consolidated w/20070310; make all docket entries, except DIS & MAN, in this case)
511/15/2007 TRANSCRIPTS DATED June 21, 2007; June 22, 2007; July 10, 2007
611/15/2007 DISK - transcripts dated June 21, 2007; June 22, 2007; July 10, 2007 (emailed)
711/16/2007 Certificate of Service of Copies of Transcript
811/16/2007 RECORD ON APPEAL (2 volumes)(not rec'd-4, 15, 16, 24, 31, 43, 48, 57, 58, 59, 69 (tapes))
911/29/2007 MOT. EXT/TIME APPELLANT BRIEF
1011/29/2007 ACTION BY CLERK (MAT). Granted: 01/28/2008
1101/17/2008 MOT. EXT/TIME APPELLANT BRIEF
1201/18/2008 ACTION BY CHIEF JUSTICE (MAT). Granted: 02/27/2008
1302/25/2008 APPELLANT BRIEF (e-filed)
1402/25/2008 E-FILED BRIEF (ATB)
1502/25/2008 APPELLANT APPENDIX (PDF)
1602/25/2008 E-FILED APPENDIX (ATA)
1702/26/2008 Rec'd $25.00 surcharge for ATB (Receipt #18031)
1803/04/2008 Received 7 copies of ATB from Central Duplicating.
1903/04/2008 Received 6 copies of ATA from Central Duplicating.
2003/19/2008 MOT. EXT/TIME APPELLEE BRIEF (faxed)
2103/19/2008 E-FILED MOTION (MAE) faxed
2203/19/2008 ACTION BY CLERK (MAE). Granted: 04/25/2008
2304/25/2008 APPELLEE BRIEF (e-filed)
2404/25/2008 E-FILED BRIEF (AEB)
2504/25/2008 Certificate of Service by e-mail of AEB
2605/02/2008 Received $25 surcharge for AEB (Receipt #18091)
2705/08/2008 Received 7 copies of AEB from Central Duplicating
2805/19/2008 MOTION FOR WITHDRAW AND SUBSTITUTION OF COUNSEL W/BRIEF IN SUPPORT FILED by Jessica J. Ahrendt
2905/19/2008 ACTION BY CLERK - Ms. Ahrendt's Motion to Withdraw is granted and Mark Blumer is substituted as. Granted: 05/19/2008
3005/19/2008 counsel for the Appellant
3105/27/2008 APPEARANCES: Jessica J. Ahrendt; Pam H. Ormand, Asst. State's Attorney
3205/27/2008 ARGUED: Ahrendt; Ormand
3305/27/2008 ORAL ARGUMENT WEBCAST
3406/26/2008 DISPOSITION: AFFIRMED
3506/26/2008 UNANIMOUS OPINION: Kapsner, Carol Ronning
3606/30/2008 Judgment E-Mailed to Parties
3706/26/2008 Supplemental Clerk's Certificate dated June 25, 2008 (Entry Nos. 90 - 96)
3807/18/2008 MANDATE
3907/22/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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