No. 19-7943

J. H. v. E. R. S.

Lower Court: Colorado
Docketed: 2020-03-11
Status: Denied
Type: IFP
IFP
Tags: appellate-review child-custody constitutional-facts constitutional-liberty de-novo-review due-process equal-protection parental-rights plain-error structural-error termination termination-of-parental-rights
Latest Conference: 2020-05-15
Question Presented (from Petition)

1. Whether, in order to ensure that basic constitutional guarantees define the framework of proceedings to terminate the fundamental constitutional liberty rights of children and parents, the Due Process and Equal Protection Clauses of the Constitution require that the plain or structural error doctrine be applied to reach the merits of constitutional questions raised for the first time on direct appeal.

2. Whether the Due Process and Equal Protection Clauses of the Constitution require that appellate courts address the merits of claims of violation of a child's constitutional rights raised for the first time on direct appeal, where the child was not represented by counsel during the proceedings that permanently terminated his constitutional liberty right to have a relationship with his parent.

3. Whether the Due Process and Equal Protection Clauses require appellate courts to conduct an independent de novo review of the constitutional facts in proceedings to terminate the fundamental constitutional liberty rights of children and parents.

Question Presented (AI Summary)

Whether the Due Process and Equal Protection Clauses require application of the plain error doctrine and independent de novo review of constitutional facts in proceedings to terminate parental rights

Docket Entries

2020-05-18
Petition DENIED.
2020-04-23
DISTRIBUTED for Conference of 5/15/2020.
2020-02-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 10, 2020)
2019-12-04
Application (19A623) granted by Justice Sotomayor extending the time to file until February 6, 2020.
2019-11-27
Application (19A623) to extend the time to file a petition for a writ of certiorari from December 8, 2019 to February 6, 2020, submitted to Justice Sotomayor.

Attorneys

J.H.
Katayoun Azizpour DonnellyAzizpour Donnelly LLC, Petitioner