In Interest of JS
North Dakota Supreme Court
1DissentLevine, Justice
I agree with all of the majority opinion except the part that seems to apply a hybrid harmless error-plain error rule in order to craft a limited remedy. I think the majority is saying that the respondent had a right to be present, kind of, but the expert evidence makes a different result unlikely had the respondent been present, so respondent’s exclusion was not reversible error (i.e., it was harmless error) and, besides, respondent’s attorney didn’t object to respondent’s exclusion lie., there was a waiver, but there was also a kind of plain error], so it’s not reversible error. But,…
2Cases cited4 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- McKaskle v. WigginsSupreme Court of the United States · 1984
- Vasquez v. HillerySupreme Court of the United States · 1986
- In the Interest of L.L.North Dakota Supreme Court · 1992