Interest of G.D-M.

Docket No. 20190232
Oral Argument: Waived

Docket Info

Title
In the Interest of G.D-M., a child
----------
State of North Dakota, Petitioner and Appellee
v.
G.D-M., Child;
C.D., Mother;
Barb Oliger, Guardian ad Litem;
Executive Director ND DHS, Respondents
and
R.M-Z., Father, Respondent and Appellant
Case Type
CIVIL APPEAL : TERMINATION/PARENTAL RIGHTS
Appeal From
Case No. 2019-JV-00119
South Central Judicial District, Burleigh County
Lindsey Renee Nieuwsma

Parties' Statement of Issues

  • Appellant

    (I) Did R.M.Z. receive effective assistance of counsel from his court appointed attorney Susan Schmidt?
    (II) Were there facts sufficient in this case to establish that R.M.Z did not want to appear at the trial on July 9, 2019?

  • Appellee 1

    1. Whether R.M-Z. received effective assistance of counsel from his court appointed attorney, Susan Schmidt.
    2. Whether R.M-Z. has a constitutional due process right to be present at the termination of parental rights proceeding.


Summary

R.D-Z. appeals from district court orders terminating his parental rights to G.D-M. and A.D-M.
On May 17, 2019, the State filed petitions to terminate parental rights to G.D-M. and A.D-M. R.D-Z., the father, was appointed an attorney to represent him and the mother consented to termination of her parental rights. R.D-Z. did not appear at the hearing, but his attorney was there and cross-examined some of the State’s witnesses. Following the hearing, the district court ruled the evidence was sufficient to terminate R.D-Z.’s parental rights.
On appeal, R.D-Z. argues he received ineffective assistance from his trial attorney and the evidence was insufficient to establish that he did not want to appear at the trial.


Briefs

Filing Date Description
08/02/2019 APPELLANT BRIEF (non-substantive correction to ATB signed 8/6/19) View
08/27/2019 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE ASST. STATE'S ATTORNEY Tessa Marie Vaagen - 07828
APPELLANT COURT APPOINTED Benjamin C Pulkrabek - 02908
APPELLEE SPEC. ASST. STATE'S ATTY. Mary E. Melech

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

Seq. # Filing Date Description Attachment
1 08/01/2019 NOTICE OF APPEAL : 08/01/2019
2 08/01/2019 ORDER FOR TRANSCRIPT : 07/23/2019
3 08/02/2019 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 08/02/2019 Notice served on Benjamin C. Pulkrabek, Tessa M. Vaagen, C.D., Barbara Oliger, Christopher D. Jones
5 08/02/2019 -------------------------------CONFIDENTIAL---------------------------
6 08/02/2019 This case is consolidated w/ 20190233. Make all entries except ROA, DIS, & MAN in this case.
7 08/02/2019 Chief Justice authorized filing the Appellant's Brief and Appendix a day late
8 08/02/2019 APPELLANT BRIEF (non-substantive correction to ATB signed 8/6/19) View
9 08/02/2019 APPELLANT APPENDIX
10 08/02/2019 MOTION FOR REMAND - RspDue : 08/16/2019
11 08/05/2019 Rec'd non-substantive corrections to ATB & ATA (page #ing, cert if compliance, title, etc)
12 08/05/2019 Certificate of Service of ATB & ATA
13 08/06/2019 Oral Argument Request by Appellant
14 08/06/2019 Rec'd additional corrections to ATA (order on appeal for 20190233)
15 08/06/2019 Certificate of Service of corrections to ATB & ATA
16 08/06/2019 Certificate of Service of addtional corrections to ATB & ATA
17 08/07/2019 Digital Recording of Hearing dated July 9, 2019 (part 1)
18 08/07/2019 Digital Recording of Hearing dated July 9, 2019 (part 2)
19 08/07/2019 CERTIFICATE OF SERVICE FOR DIGITAL AUDIO RECORDINGS
20 08/07/2019 ELEC. RECORD ON APPEAL DATED AUGUST 7, 2019 (ENTRY NOS. 1-37)
21 08/07/2019 Rec'd 6 copies of ATB & ATA from CSD
22 08/16/2019 Response Filed to Motion for Remand
23 08/19/2019 Appellant's brief not served until August 6, 2019; therefore, Appellee's brief due August 27, 2019
24 08/19/2019 ACTION BY CHIEF JUSTICE (motion for remand) - Denied
25 08/27/2019 Mary Melech will argue this case & Tessa Vaagen will appear as her supervising atty. TL-07828
26 08/27/2019 APPELLEE BRIEF View
27 08/27/2019 APPELLEE APPENDIX
28 08/28/2019 Rec'd non-substantive correction AEB
29 08/30/2019 Rec'd 6 copiesof AEB & AEA from Central Duplicating
30 09/17/2019 REQUEST TO WAIVE ORAL ARGUMENT ON BEHALF OF APPELLANT
31 09/17/2019 ACTION BY SUPREME COURT - Granted
32 09/17/2019 S.CT. DETERMINED ORAL ARGUMENT NOT NECESSARY BY THE STATE
33 09/18/2019 APPEARANCES: Waived under N.D.RApp.P. 34(f) for Appellant, and for Appellee under 34(a)(1)(e)
34 09/18/2019 ARGUED: Waived under N.D.RApp.P. 34(f) for Appellant, and for Appellee under 34(a)(1)(e)
35 09/18/2019 ORAL ARGUMENT WEBCAST