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Interest of M.M.

Docket No. 20200054
Oral Argument: Wednesday, April 1, 2020 2:45 PM

Docket Info

Title
In the Interest of M.M., a Child

State of North Dakota, by and through
Williams County Social Services, Petitioner and Appellee
v.
M.M., a child; M.M, Mother, Respondents
and
J.J., Father, Respondent and Appellant
Case Type
CIVIL APPEAL : TERMINATION/PARENTAL RIGHTS
Appeal From
Case No. 2019-JV-00023
Northwest Judicial District, Williams County
Paul W. Jacobson
Oral Argument 4/1/2020

Parties' Statement of Issues

  • Appellant

    ISSUE I. During the trial was there clear and convincing evidence that established that there were causes and conditions of deprivation that would continue and/or occur in the future which required J.J.’s parental rights be terminated?
    ISSUE II. Did J.J. receive effective assistance of counsel during the trial?

  • Appellee 1

    (a) Whether there was clear and convincing evidence to support the District Court’s order terminating J.J.’s parental rights.
    (b) Whether J.J. has established an ineffective assistance of counsel claim.


Summary

J.J., the biological father of M.M., appeals the juvenile court judgment terminating his parental rights.
The petition for termination of parental rights was filed in February, 2019, and a hearing was held in February, 2020. M., the biological mother of M.M., voluntarily terminated her parental rights and responsibilities. J.J. contested termination. The juvenile court concluded the conditions and causes of deprivation are likely to continue, and the child has been in care of social services and placed in foster care for at least 450 of the last 660 nights which is an indication of deprivation under the law. The juvenile court ordered the parental rights of M. and J.J. terminated.
On appeal, J.J argues that there was not clear and convincing evidence which established the causes and conditions of deprivation would continue, and that he received ineffective assistance of counsel at the hearing.


Briefs

Filing Date Description
02/25/2020 APPELLANT BRIEF View
03/12/2020 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Benjamin C Pulkrabek - 02908
APPELLEE ASST. STATE'S ATTORNEY Marlyce Ann Wilder - 05099

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

Seq. # Filing Date Description Attachment
1 02/25/2020 NOTICE OF APPEAL : 02/25/2020
2 02/25/2020 ---------------------------------CONFIDENTIAL-----------------------------------------------
3 02/25/2020 APPELLANT BRIEF View
4 02/25/2020 APPELLANT APPENDIX
5 02/25/2020 Oral Argument Request by Appellant
6 02/26/2020 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
7 02/26/2020 Notice served on Benjamin C. Pulrabek, Marlyn A. Wilder, Kathleen G. Coleman, Tracy Horob,
8 02/26/2020 and Christopher D. Jones
9 02/26/2020 Rec'd c.o.s. of ATB & ATA on T. Horob & C. Jones
10 02/27/2020 Rec'd 6 copies of ATB & ATA from CSD
11 02/28/2020 ELEC. RECORD ON APPEAL DATED FEBRUARY 27, 2020 (ENTRY NOS. 1-77)
12 03/09/2020 Digital Recording of Hearing dated January 7, 2020
13 03/09/2020 Digital Recording of Hearing dated February 3, 2020
14 03/09/2020 Certificate of Service for transcripts
15 03/10/2020 ELEC. SUPP. RECORD ON APPEAL DATED MARCH 9, 2020 (ENTRY NOS.78-81)
16 03/12/2020 APPELLEE BRIEF View
17 03/12/2020 Oral Argument Request by Appellee
18 03/17/2020 Rec'd 6 copies of AEB from CSD
19 03/25/2020 NOTICE OF ORAL ARGUMENT SENT
20 04/01/2020 APPEARANCES: Benjamin C. Pulkrabek; Marlyce A. Wilder
21 04/01/2020 ARGUED: Benjamin C. Pulkrabek; Marlyce A. Wilder
22 04/01/2020 ORAL ARGUMENT WEBCAST