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Interest of M.R., a Child

Docket No. 20150175
Oral Argument: Monday, August 31, 2015 2:45pm

Docket Info

Title
Interest of M.R., a Child
----------
Betsey Johnson, L.S.W., Petitioner and Appellee
v.
S.R., V.G., G.L., and John Doe Respondents
----------
G.L., Appellant
Case Type
CIVIL APPEAL : TERMINATION/PARENTAL RIGHTS
Appeal From
Case No. 2014-JV-00377
East Central Judicial District, Cass County
Susan J. Solheim
2015 ND 233870 N.W.2d 175
Oral Argument 8/31/2015

Highlight

The juvenile court is not required to second-guess an attorney's statement regarding his client's decision not to appear by telephone at a termination of parental rights trial.
A parent is not denied due process when his parental rights were terminated while he was not present because he was given proper notice, afforded the opportunity to appear telephonically, and represented by counsel.
When a juvenile court sends notice to intervene to the proper tribe and the tribe declines to exercise jurisdiction, the juvenile court has satisfied ICWA's requirements and may proceed with the case.


Briefs

Filing Date Description
07/01/2015 APPELLANT BRIEF View
07/22/2015 APPELLEE BRIEF View

Counsel

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

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

Seq. # Filing Date Description Attachment
1 06/11/2015 MOTION FOR EXT. OF TIME TO FILE NOTICE OF APPEAL
2 06/11/2015 E-FILED MOTION
3 06/11/2015 ACTION BY CHIEF JUSTICE (noa ext. to 5/14/15; letter received that date is noa) - Granted
4 06/11/2015 NOTICE OF APPEAL : 05/14/2015
5 06/11/2015 MOT. EXT/TIME APPELLANT BRIEF (SUA SPONTE)
6 06/11/2015 ACTION BY CHIEF JUSTICE (SUA SPONTE) - Granted : 07/01/2015
7 06/12/2015 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
8 06/12/2015 Notice served on Jay Greenwood, Renelda Weippert, and Pam H. Ormand
9 06/15/2015 Mark Blumer appointed as counsel for the Appellant.
10 06/15/2015 Order for Transcripts (Requested only TRA dated 3-18-15)
11 06/27/2015 Digital Recordings of trial dated March 18, 2015 (2-CD-ROM)
12 06/27/2015 DISK-Digital Recordings of trial dated March 18, 2015 (2-CD-ROM) (U.S. Mail)
13 07/01/2015 ELEC. RECORD ON APPEAL DATED JULY 1, 2015 (ENTRY NOS.1-109)
14 07/01/2015 APPELLANT BRIEF View
15 07/01/2015 E-FILED BRIEF
16 07/01/2015 APPELLANT APPENDIX
17 07/01/2015 E-FILED APPENDIX
18 07/06/2015 Rcv'd non-substantive corrections to ATB & ATA (title, service on GAL)
19 07/06/2015 Rcv'd $25 e-filing surcharge for ATB (receipt #23716)
20 07/08/2015 Rcv'd 6 copies of ATA from CSD
21 07/08/2015 Rcv'd 7 copies of ATB from CSD
22 07/22/2015 APPELLEE BRIEF View
23 07/22/2015 E-FILED BRIEF
24 07/24/2015 Rec'd 7 copies of AEB from Central Duplicating
25 07/27/2015 Rec'd $25 e-filing surcharge for AEB (check#23752)
26 07/30/2015 NOTICE OF ORAL ARGUMENT SENT
27 08/31/2015 APPEARANCES: Mark T. Blumer; Pam H. Ormand
28 08/31/2015 ARGUED: Mark T. Blumer; Pam H. Ormand
29 08/31/2015 ORAL ARGUMENT WEBCAST
30 09/01/2015 Recording of oral arugment redacted under N.D.R.App.P. 14
31 09/17/2015 DISPOSITION
32 09/17/2015 UNANIMOUS OPINION : Kapsner, Carol Ronning View
33 09/18/2015 Judgment Sent to Parties
34 09/25/2015 Mot. Ext/Time Petition for Rehearing
35 09/25/2015 ACTION BY CHIEF JUSTICE - Granted : 10/16/2015
36 10/16/2015 PETITION FOR REHEARING View
37 10/16/2015 E-FILED BRIEF
38 10/20/2015 Rec'd 7 copies of PER from Central Duplicating
39 12/01/2015 ACTION BY SUPREME COURT - Denied
40 12/15/2015 MANDATE
41 12/17/2015 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
42 07/19/2022 EXPUNGED - Nonpermanent record items destroyed