Legal Opinion · Dissent

T.E.T. v. Madison County Department of Human Resources

Court of Civil Appeals of Alabama

Decided July 21, 2006No. 2041110Published

1DissentCrawley, Presiding Judge

Because I do not believe that T.E.T. (“the father”) had proper notice that he had the right to have counsel appointed to represent him if he was indigent, I respectfully dissent from the no-opinion af-firmance in this termination-of-parental-rights case.

In my view, the record does not indicate that the father was properly informed that he had a right to an appointed attorney if he was indigent. First, although the referee’s report stated that the father was told, in a pretrial hearing, that he had a right to counsel, that is different from being informed by the trial judge that he had a right…

2Cases cited6 opinions

  1. Troxel v. GranvilleSupreme Court of the United States · 2000
  2. Crews v. HOUSTON CTY. DEPT. OF PENSIONS & SEC.Court of Civil Appeals of Alabama · 1978
  3. J.A.H. v. Calhoun Cty. D.H.R.Court of Civil Appeals of Alabama · 2002
  4. Matter of WardCourt of Civil Appeals of Alabama · 1977
  5. Smoke v. STATE, DEPT. OF PENSIONS AND SECURITYCourt of Civil Appeals of Alabama · 1979

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