ICWA: §41-3-306(7)(b) exception for Indian child cases from emergency protective services hearings in dependent-neglect cases stricken as violative of equal protection… supervisory control granted over Judge’s argument of, inter alia, mootness… Breuner reversed. [Read more…]
Indians, District Court amendment of parenting plan
INDIANS: District Court had jurisdiction to amend parenting plan for Indians vis-à-vis Tribal Court… Westveer/Olson affirmed. [Read more…]
Sexual assault, technology devices probation conditions
SEXUAL ASSAULT OF CHILD: Probation conditions for Defendant who sexually assaulted 13-year-old overbroad in completely restricting access to internet, computer, and smart phone although monitoring of usage is appropriate, remanded for amendment… public defender fee improperly imposed without sufficient inquiry into ability to pay… Lint reversed. [Read more…]
Sentencing, court-ordered mental evaluation costs
SENTENCING: Defendant properly ordered to pay unspecified amount of costs of court-ordered mental evaluation… McLean affirmed (IOR I-3(c)). [Read more…]
DUI, interrupted independent blood test advisory
DUI: Due process not denied by failure to finish reading advisory as to right to independent blood test under “substantial circumstances” including Defendant’s impeding of the reading. . . Haynes affirmed. [Read more…]
Parental termination, parents’ drug tests
PARENTAL TERMINATION: Parents’ drug tests improperly admitted through CASA, but harmless error as termination still warranted for failure to complete treatment plans. . . Olson affirmed. [Read more…]