Interest of G.D-M.
- In the Interest of G.D-M., a child
State of North Dakota, Petitioner and Appellee
Barb Oliger, Guardian ad Litem;
Executive Director ND DHS, Respondents
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
(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?
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.
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.
(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|
|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|
|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|
|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|