Adoption of J.D.F.
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| 20080152 |
In the Matter of the Adoption of
J.D.F., Minor Child
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D.D.F. and C.A.F., Petitioners and Appellees
v.
North Dakota Department of
Human Services, Respondent
and
G.V.D., Respondent and Appellant
|
| Appeal from: |
District Court,
South Central Judicial District,
Burleigh County
Judge Gail Hagerty |
|
Nature of Action: |
Adoption
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| Counsel: |
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| Term: |
12/2008 Argument: 12/02/2008 10:45am
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| ND cite: |
2009 ND 21
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| NW cite: |
761 N.W.2d 582
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
A. Did the trial court err as a matter of law in violating the appellant's right to court-appointed counsel?
B. Did the trial court err as a matter of law by granting an involuntary termination of appellant's parental rights and granting an
adoption in this case?
Appellee's Statement of the Issues:
The Appellant did not have a right to court appointed counsel. If this Court determines that he did indeed have a right to court appointed counsel, the Appellant waived the right, and any error committed was harmless. Additionally, the trial court
does not have an affirmative duty to appoint counsel.
The District Court's terminating the Appellant's parental rights is supported by clear and convincing evidence. The evidence presented supports the Court's finding that the Appellant has abandoned the minor child by failing to provide support for
him or communicating without justifiable cause. These findings are not clearly erroneous.
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| 1 | | 06/26/2008 | |
NOTICE OF APPEAL: 06/24/2008 |
| 2 | | 06/26/2008 | |
ORDER FOR TRANSCRIPT: 06/24/2008 |
| 3 | | 06/26/2008 | |
ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V. |
| 4 | | 06/30/2008 | |
Acknowledgement of Order for Transcript |
| 5 | | 06/30/2008 | |
RETENTION OF RECORD ON APPEAL: 08/13/2008 |
| 6 | | 07/23/2008 | |
TRANSCRIPT DATED April 21, 2008 |
| 7 | | 07/24/2008 | |
DISK - TRA 4-21-08 (e-mailed) |
| 8 | | 07/25/2008 | |
RECORD ON APPEAL |
| 9 | | 08/27/2008 | |
APPELLANT BRIEF |
| 10 | | 08/27/2008 | |
APPELLANT APPENDIX |
| 11 | | 08/27/2008 | |
DISK of ATB |
| 12 | | 09/05/2008 | |
MOT. EXT/TIME APPELLEE BRIEF & Brief/Support |
| 13 | | 09/18/2008 | |
ACTION BY CHIEF DEPUTY CLERK (Due 30 days after 12-31-07 trans. is filed). Granted: 10/23/2008 |
| 14 | | 09/23/2008 | |
Transcript dated December 31, 2007 |
| 15 | | 09/23/2008 | |
DISK-TRA (12/31/07) E-MAILED |
| 16 | | 09/24/2008 | |
CERTIFICATE OF SERVICE OF COPIES OF TRANSCRIPTS. |
| 17 | | 09/25/2008 | |
First Supplemental Clerk's Certificate of Record (Entry Nos. 34-41). |
| 18 | | 09/24/2008 | |
Objection to Filing of Transcript/Motion to Strike and Brief by Justin Hager, AT counsel. |
| 19 | | 09/25/2008 | |
ACTION BY CHIEF JUSTICE (Objection to Filing). Denied |
| 20 | | 10/23/2008 | |
APPELLEE BRIEF |
| 21 | | 10/23/2008 | |
Affidavit of Service of AEB |
| 22 | | 10/31/2008 | |
CORRECTED APPELLEE'S BRIEF |
| 23 | | 10/31/2008 | |
DISK-AEB (CORRECTED VERSION) |
| 24 | | 11/20/2008 | |
SITTING WITH THE COURT: McClintock, Jr., John C. |
| 25 | | 12/02/2008 | |
APPEARANCES: Justin D. Hager; Daniel J. Nagle |
| 26 | | 12/02/2008 | |
ARGUED: Hager; Nagle |
| 27 | | 12/02/2008 | |
ORAL ARGUMENT WEBCAST |
| 28 | | 02/05/2009 | |
DISPOSITION: REVERSED AND REMANDED |
| 29 | | 02/05/2009 | |
UNANIMOUS OPINION: Maring, Mary Muehlen |
| 30 | | 02/05/2009 | |
Judgment e-mailed to Parties |
| 31 | | 02/27/2009 | |
MANDATE |
| 32 | | 03/05/2009 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |