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Interest of K.L. and M.S.

Docket No. 20070309
Oral Argument: Tuesday, May 27, 2008 1:30pm

Docket Info

Title
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
Case Type
CIVIL APPEAL : JUVENILE LAW
Appeal From
Case No. 06-R-00549
East Central Judicial District, Cass County
Cynthia Rothe-Seeger
2008 ND 131751 N.W.2d 677
Oral Argument 5/27/2008

Highlight

A juvenile court's decision to terminate parental rights is a question of fact that will not be overturned unless the decision is clearly erroneous.
The State cannot rely on past deprivation alone, but must provide prognostic evidence, Ademonstrating the deprivation will continue.
A claim for ineffective assistance of counsel in termination proceedings is recognized, but the necessary evidence of the claim must appear on the face of the record and a case will not be remanded for the purpose of developing a record to support the claim.


Briefs

Filing Date Description
02/25/2008 APPELLANT BRIEF (e-filed) View
04/25/2008 APPELLEE BRIEF (e-filed) View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Jessica Johanna Ahrendt - 06231
APPELLEE ASST. STATE'S ATTORNEY Pam H Ormand - 05418
APPELLANT COURT APPOINTED Mark Taylor Blumer - 04669

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
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) View
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) View
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
35 06/26/2008 UNANIMOUS OPINION : Kapsner, Carol Ronning View
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
40 02/06/2019 EXPUNGED - Nonpermanent record items destroyed