Legal Opinion

Stanislaus County Community Services Agency v. Mirna C.

California Court of Appeal

Decided June 14, 2002No. F039609Published

1Opinion of the Court

Opinion

VARTABEDIAN, Acting P. J.

Mirna C. appeals from an order terminating her parental rights (Welf. & Inst. Code, § 366.26) to her daughter, Angela.1 She contends she received inadequate notice of the termination hearing and thus is entitled to per se reversal. On review, we find appellant received no notice of a continuance of the termination hearing. We hold the error, albeit a due process violation under In re Phillip F. (2000) 78 Cal.App.4th 250, 258-259 [92 Cal.Rptr.2d 693], is subject to the Chapman prejudice standard of harmless beyond a reasonable doubt.2 Having reviewed the record…

2Cases cited13 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Gideon v. WainwrightSupreme Court of the United States · 1963
  3. Gideon v. WainwrightSupreme Court of the United States · 1963
  4. Arizona v. FulminanteSupreme Court of the United States · 1991
  5. Sullivan v. LouisianaSupreme Court of the United States · 1993

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