Articles Posted in October, 2014

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In re Adoption of K.P.M.A., Oklahoma Supreme Court (10/14/14)
Constitutional Law, Family Law

babyThe issue this case presented for the Supreme Court’s review centered on the termination Respondent-appellant Billy McCall’s (Father) parental rights to K.P.M.A. (Child). Child was born out-of-wedlock to T.Z. (Mother) in 2012. Prospective adoptive parents, petitioners-appellees Marshall and Toni Michelle Andrews had had physical custody of the child since she was released from the hospital after birth. On appeal of his termination, father argued: (1) whether his due process rights were violated; (2) whether he received ineffective assistance of counsel during the termination proceedings; and (3) whether the trial court’s determination was supported by clear and convincing evidence. After review of the trial court record, the Supreme Court concluded that termination of the natural father’s parental rights was improper because the natural father’s due process rights were violated, and the termination of the natural father’s parental rights was not supported by clear and convincing evidence.


Posted in: Legal News

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Zavodnik v. Harper, Indiana Supreme Court (9/30/14)
Civil Procedure

contractPlaintiff was an abusive litigant. In this case, Plaintiff filed a complaint against Defendant, which the trial court dismissed for failure to prosecute or comply with applicable rules under Ind. Trial Rule 41(E). The court of appeals dismissed Plaintiff’s appeal with prejudice for Plaintiff’s failure to file a timely brief and appendix. The Supreme Court denied Plaintiff’s petition to transfer jurisdiction and refrained from imposing sanctions or restrictions. This per curiam opinion also gave guidance to the state’s courts on options when confronted with abusive and vexatious litigation practices.

Read more: Inspired by man who filed more than 120 lawsuits, Indiana Supreme Court sets pro se limits

Duke v. State of North Carolina, US 4th Cir. (10/1/14)
Election Law

After the Supreme Court lifted certain Voting Rights Act, 42 U.S.C. 1973c, restrictions that prevented jurisdictions like North Carolina from passing laws that would deny minorities equal access, North Carolina began pursuing sweeping voting reform with House Bill 589. Plaintiffs and the federal government filed suit against North Carolina, alleging that House Bill 589 violates equal protection provisions of the United States Constitution and the Voting Rights Act and seeking a preliminary injunction. The court concluded that the district court abused its discretion in denying plaintiffs’ preliminary injunction and not preventing certain provisions of House Bill 589 from taking effect. Accordingly, the court reversed the district court’s denial of the preliminary injunction as to House Bill 589’s elimination of same-day registration and prohibition on counting out-of-precinct ballots. The court affirmed the district court’s denial of plaintiffs’ request for a preliminary injunction with respect to the following House Bill 589 provisions: the reduction of early-voting days; the expansion of allowable voter challenges; the elimination of the discretion of county boards of elections to keep the pools open an additional hour on Election Day in “extraordinary circumstances”; the elimination of pre-registration of sixteen- and seventeen-year-olds who will not be eighteen years old by the next general election; and the soft roll-out of voter identification requirements to go into effect in 2016.

Read more: Divided appellate court strikes part of North Carolina’s controversial voting law


Posted in: Legal News