Interest of K.L. and M.S.
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| 20070309 |
Interest of K.L., a Child
Interest of M.S., a Child
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State of North Dakota, Petitioner and Appellee
v.
T.L., Mother, Respondent and Appellant
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K.L., a child; M.S., a
child; B.A. and John Doe,
fathers; and S.S., father, Respondents
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| Appeal from: |
Juvenile Court,
East Central Judicial District,
Cass County
Judge Cynthia Rothe-Seeger |
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Nature of Action: |
Juvenile Law
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| Counsel: |
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| Term: |
05/2008 Argument: 05/27/2008 01:30pm
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| ND cite: |
2008 ND 131
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| NW cite: |
751 N.W.2d 677
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| 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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| 1 | | 10/18/2007 | |
NOTICE OF APPEAL: 10/16/2007 |
| 2 | | 10/18/2007 | |
ORDER FOR TRANSCRIPT: 10/16/2007 |
| 3 | | 10/18/2007 | |
-----CONFIDENTIAL------ |
| 4 | | 10/18/2007 | |
(This case is consolidated w/20070310; make all docket entries, except DIS & MAN, in this case) |
| 5 | | 11/15/2007 | |
TRANSCRIPTS DATED June 21, 2007; June 22, 2007; July 10, 2007 |
| 6 | | 11/15/2007 | |
DISK - transcripts dated June 21, 2007; June 22, 2007; July 10, 2007 (emailed) |
| 7 | | 11/16/2007 | |
Certificate of Service of Copies of Transcript |
| 8 | | 11/16/2007 | |
RECORD ON APPEAL (2 volumes)(not rec'd-4, 15, 16, 24, 31, 43, 48, 57, 58, 59, 69 (tapes)) |
| 9 | | 11/29/2007 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 10 | | 11/29/2007 | |
ACTION BY CLERK (MAT). Granted: 01/28/2008 |
| 11 | | 01/17/2008 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 12 | | 01/18/2008 | |
ACTION BY CHIEF JUSTICE (MAT). Granted: 02/27/2008 |
| 13 | | 02/25/2008 | |
APPELLANT BRIEF (e-filed) |
| 14 | | 02/25/2008 | |
E-FILED BRIEF (ATB) |
| 15 | | 02/25/2008 | |
APPELLANT APPENDIX (PDF) |
| 16 | | 02/25/2008 | |
E-FILED APPENDIX (ATA) |
| 17 | | 02/26/2008 | |
Rec'd $25.00 surcharge for ATB (Receipt #18031) |
| 18 | | 03/04/2008 | |
Received 7 copies of ATB from Central Duplicating. |
| 19 | | 03/04/2008 | |
Received 6 copies of ATA from Central Duplicating. |
| 20 | | 03/19/2008 | |
MOT. EXT/TIME APPELLEE BRIEF (faxed) |
| 21 | | 03/19/2008 | |
E-FILED MOTION (MAE) faxed |
| 22 | | 03/19/2008 | |
ACTION BY CLERK (MAE). Granted: 04/25/2008 |
| 23 | | 04/25/2008 | |
APPELLEE BRIEF (e-filed) |
| 24 | | 04/25/2008 | |
E-FILED BRIEF (AEB) |
| 25 | | 04/25/2008 | |
Certificate of Service by e-mail of AEB |
| 26 | | 05/02/2008 | |
Received $25 surcharge for AEB (Receipt #18091) |
| 27 | | 05/08/2008 | |
Received 7 copies of AEB from Central Duplicating |
| 28 | | 05/19/2008 | |
MOTION FOR WITHDRAW AND SUBSTITUTION OF COUNSEL W/BRIEF IN SUPPORT FILED by Jessica J. Ahrendt |
| 29 | | 05/19/2008 | |
ACTION BY CLERK - Ms. Ahrendt's Motion to Withdraw is granted and Mark Blumer is substituted as. Granted: 05/19/2008 |
| 30 | | 05/19/2008 | |
counsel for the Appellant |
| 31 | | 05/27/2008 | |
APPEARANCES: Jessica J. Ahrendt; Pam H. Ormand, Asst. State's Attorney |
| 32 | | 05/27/2008 | |
ARGUED: Ahrendt; Ormand |
| 33 | | 05/27/2008 | |
ORAL ARGUMENT WEBCAST |
| 34 | | 06/26/2008 | |
DISPOSITION: AFFIRMED |
| 35 | | 06/26/2008 | |
UNANIMOUS OPINION: Kapsner, Carol Ronning |
| 36 | | 06/30/2008 | |
Judgment E-Mailed to Parties |
| 37 | | 06/26/2008 | |
Supplemental Clerk's Certificate dated June 25, 2008 (Entry Nos. 90 - 96) |
| 38 | | 07/18/2008 | |
MANDATE |
| 39 | | 07/22/2008 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |