Legal Opinion · Concurrence

Department of Human Services v. Morgan

Michigan Supreme Court

Decided April 8, 2009No. 137362Published

1ConcurrenceCorrigan, J.

I concur in the Court’s order affirming the judgment of the Court of Appeals. I write separately to address the due process problems that pervaded these proceedings because the trial court did not advise respondent of the consequences of her plea of admission, contrary to MCR 3.971(B)(4). Also contrary to MCL 712A.17c, the court did not appoint counsel at respondent’s first appearance. Instead, the court waited until two weeks before the termination of parental rights trial to appoint counsel. Without counsel to assist her, respondent never offered evidence in her own behalf during 10…

2Cases cited13 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Santosky v. KramerSupreme Court of the United States · 1982
  3. Troxel v. GranvilleSupreme Court of the United States · 2000
  4. Lassiter v. Department of Social Servs. of Durham Cty.Supreme Court of the United States · 1981
  5. Argersinger v. HamlinSupreme Court of the United States · 1972

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