Legal Opinion · Dissent

J. v. v. State, Department of Institutions, Social & Rehabilitative Services

Supreme Court of Oklahoma

Decided November 22, 1977No. 48897Published

1DissentSimms, Justice

I must respectfully dissent to the majority opinion for the following definitive reasons:

I.This termination proceeding against appellant was not pled, tried or decided in compliance with our mandatory statutory provisions.

A. The “motion” to terminate appellant’s rights did not vest the court with jurisdiction to enter the termination order.

B. There was no finding by the trial court that appellant came within any of the grounds statutorily specified for termination of parental rights.

II.The record is devoid of any evidence which supports the trial court’s order terminating appellant’s parental…

2Cases cited27 opinions

  1. In Re GAULTSupreme Court of the United States · 1967
  2. In Re Welfare of SegoWashington Supreme Court · 1973
  3. Alsager v. District Court of Polk Cty., IowaDistrict Court, S.D. Iowa · 1975
  4. Charles Leroy Alsager, Sr. v. District Court of Polk County, IowaCourt of Appeals for the Eighth Circuit · 1976
  5. Roe v. ConnDistrict Court, M.D. Alabama · 1976

22 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API