Texas Supreme Court
In the Interest of B.G., C.W., E.W., B.B.W. and J.W.
07/02/10 : Cite No. 07-0960
Is Due Process offended in a parental termination case when a trial court determines an appeal is frivolous and an appellate record unnecessary simply because the statement of points was late filed?
Yes. A complete record must be prepared and the court of appeals must address the issues raised as if the statement of points had been timely filed. Read this Opinion.
Tough rules for quickly resolving cases involving the termination of parental rights were enacted to minimize the trauma to a child caused by lengthy foster care and never-ending legal proceedings. This case provides another loophole from those rules by permitting a parent to argue that missing a deadline shouldn't prevent an appeal. Note: the parent in this case is an inmate of the Texas prison system who fired his lawyer and proceeded to be his own fool, er, lawyer at the trial. One must wonder just what would be available for appeal.
TDCAA is pleased to offer our members unique case summaries from the U.S. Supreme Court, the 5th Circuit Court of Appeals, the Texas Court of Criminal Appeals, Texas Courts of Appeals and the Texas Attorney General. In addition to the basic summaries, each case will have a link to the full text opinion and will offer exclusive prosecutor commentary explaining how the case may impact you as a prosecutor. The case summaries are for the benefit of prosecutors, their staff members, and members of the law enforcement community. These summaries are NOT a source of legal advice for citizens. The information contained in this email message may be privileged, confidential, and protected from disclosure. Any unauthorized use, printing, copying, disclosure, dissemination of or reliance upon this communication by persons other than the intended recipient may be subject to legal restriction or sanction. Please email comments, problems, or questions to [email protected] In addition, if you would like to discuss the summaries with fellow prosecutors, look for the thread in our criminal forum.