No. 22-5272

J. R. v. North Dakota

Lower Court: North Dakota
Docketed: 2022-08-03
Status: Denied
Type: IFP
IFP
Tags: appellate-procedure civil-procedure constitutional-review constitutional-rights due-process ineffective-assistance jurisdictional-findings juvenile-court standing
Latest Conference: 2022-10-07
Question Presented (from Petition)

Did the Juvenile Court's record contain substantial Evidence to Support the Courts' Jurisdictional Findings as to Father.

Did the Juvenile court abused it's discretion in failing to fully and adequately address the 2012 Supplemental Divorce Judgment.

Did Father's trial counsel provide him unreasonable, inadequate and/or ineffective assistance of counsel by giving ill advice, misleading, lying and failing to fully and/or adequately advise father of his rights, options and any consequences of not contesting the deprivation determination in regards to both his and his Daughter's lawful and constitutional rights in those proceedings

Did the North Dakota Supreme Court error and/or abuse it's discretion in using the Father's criminal convictions as a "harmless error " standard in dismissing claims of reasonable and potential prejudice from the result of the Juvenile Court's finding of deprivation against him

Is the North Dakota Supreme Court's detennination that father failed to submit any evidence in support of his allegations as to the potential and long term ramifications of the Juvenile Courts ' finding of deprivation against him an unreasonable application of burdens concerning the issues before that court? Alternatively, is not such a direct result of ineffective, if not, malicious assistance of appellate counsel during those proceedings

Is the North Dakota Supreme Court 's determination of mootness contrary to the standard as applied to pure legal claims related to a court acting in excess of its jurisdiction, which generally are not subject to the forfeiture doctrine

Did the North Dakota Supreme Court abuse it's discretion in denying the filing of Father's Petition for Review, and, alternatively, his motion to allow a delayed filing under the circumstances

Did either or both of the lower courts in the State of North Dakota abuse their discretion in any regards as described throughout these proceedings in those lower court proceedings and ultimate conclusions as cited throughout all of these proceedings

Did Father 's appellate counsel provide him unreasonable, inadequate and/or ineffective assistance of counsel throughout the appellate proceedings

is the State of North Dakota's laws, determinations or processes concerning this case Constitutional

Question Presented (AI Summary)

Did the Juvenile Court's record contain substantial evidence to support the court's jurisdictional findings as to the father

Docket Entries

2022-10-11
Petition DENIED.
2022-09-15
DISTRIBUTED for Conference of 10/7/2022.
2022-06-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 2, 2022)

Attorneys

J. R.
James Arthur Ross — Petitioner