Legal Opinion

In re A.M., Juvenile

Supreme Court of Vermont

Decided August 28, 2015No. 2014-363Published

1Concurrence 1

*207¶ 43.

2Concurrence · DooleyDooley, J.

I agree with the result of the majority decision and specifically agree with the part of the decision that holds that mother cannot challenge the trial court ruling to take judicial notice of the findings from the temporary-care hearing because she failed to make that challenge below. If the majority decision ended there, I would sign on to it. But the majority, in eleven paragraphs of dicta, has decided to approve of the trial court’s use of judicial notice to adopt the findings from the temporary-care hearing. I believe that the dicta is wrong and take this opportunity to explain my…

3Cases cited16 opinions

  1. Arizona v. CaliforniaSupreme Court of the United States · 1983
  2. Morrisseau v. FayetteSupreme Court of Vermont · 1995
  3. In re J.T.Supreme Court of Vermont · 1997
  4. In re D.D.Supreme Court of Vermont · 2013
  5. Scott v. City of NewportSupreme Court of Vermont · 2004

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