As predicted, G.O. v. DCF, the TPR case where a GM heard the MBI testimony, was reversed. The only question was how far backed the Third would go to start the proceedings over. They went all the way: the mother must be renoticed for her advisory. You can read the very short opinion here.
Court: Florida Third District Court of Appeal Judges: Lagoa, Logue, Schwartz Attorneys: Thomas Butler for the Father; Sharon Wolling for the Mother (joining the father’s argument); Karla Perkins for DCF; Hillary Kambour for GALP (joining DCF) Issues: whether the numerous alleged evidentiary errors warrant reversal; whether failure to allow testimony on the child’s recusal amounts […]
The hearing didn’t disappear…it was dismissed as moot. I would suspect that means that the youth came back or his location is no longer a mystery. Since the Third DCA didn’t take up the issue anyway, that might be some indication that they believe the outcome here was right.
A Second DCA trial court found a child at risk of harm from his father because the father had gang tattoos, even though in the same breath the court acknowledged: [O]n the other hand, he has been actively involved in his son’s life. He has stepped up to the plate in terms of providing support […]
On the same day I posted that R.L.-R was set for October 29, it once again vanished from the Third DCA’s online calendar.
I’ve known that R.L-R was set for OA on October 29th for a while, but for some reason the Third DCA hadn’t posted it on their website so I kept my mouth shut. Now I know why, it took three weeks just to type out all the amici: ORAL ARGUMENT CALENDAR TEN MINUTES A SIDE FOR […]
I’m disappointed to report that the Acosta RTI cases were PCA’d on Friday (See Michael and Joseph). Though I don’t agree with the result, I do hope the efforts have shined light on the issue of kids aging out out-of-state. Future versions of RTI should seek to help youth no matter where they live.
Court: Florida Third District Court of Appeal Judges: Suarez, Cortinas, Emas Attorneys: Kevin Colbert for the Mother; Karla Perkins for DCF; Hillary Kambour for GALP (joining DCF) Issues: whether a general magistrate has authority to hear manifest best interests testimony; whether it is error to enter a TPR final judgment on a GM recommended order […]
In case you missed it, you can watch oral argument on the dual maternity (lesbian moms) case, D.M.T. v. T.M.H., on wfsu.org here.
Justice Building Blog on the Third DCA’s Geter opinion (read: disaster) denying retroactive application of Miller to juveniles convicted of life without parole: What’s really behind the 3rd’s decision? Closing the barn door BEFORE the horses get out: Applying Miller retroactively would undoubtedly open the floodgates for postconviction motions where at the time of conviction and sentencing, […]