DueProcess JusticiabilityDoctri
If it can be proven that the relied upon convictions in a Termination of Parental Rights action are unconstitutional and unreliable, does deference & finality mandate the Trial court still rely upon said convictions
QUESTION(S) PRESENTED 1) If it can be proven, leaving absolutely 'No-Doubt', that the relied upon convictions, in regard to a Termination of Parental Rights action, is unconstitutional, thus, unreliable, does deference & finality mandate the Trial court still rely upm said convictions. 2)Define what it means: Technical rules of civil procedure, as to practice & pleading, are not controlling factor, Best Interests of child is controlling factor. 3) Was the manner in which the instruction addition was denied in compliance with the law, or an abuse of discretion. ; 4) Was said instruction denial harmful to the petitioner. 5) Is there a 6th Amendment confrontational clause right in a termination or parental rights action. 6) Do the children have a constitutional right to the effective assistance of ae counsel. : 7) If said effectiveness is raised at trial, does the trial court have a duty to inquire about said effectiveness. 8) Was the pretrial hearing to decide wherether the children will attend to testify a meaningful opportunity for the petitioner to be heard. 5) As parties to the action, do the children have a constitutional right to have the effectiveness of their counsel raised on direct appeal. 10) With no evidence of a continuing course of conduct, nor of current danger to the children presented, were the crimes committed 4 yrs ago sufficient to terminate the petitioners parental rights. 11) Like the sight of shackles, is the sight of,unprovoked, yet, constantly moving sheriffs deputies, in front of the jury to block the petitioners path, prejudicial. °2) If the state fails to provide adequate methods for the effectiveness of the childrens counsel to be raised, should the petitioner be allowed to raise this issue on direct appeal. zi