Legal Opinion · Dissent

State ex rel. R.W. v. J.L.W.

Louisiana Court of Appeal

Decided February 26, 1986No. 17845-CAJPublished

1DissentMarvin, Judge

I must respectfully disagree with the af-firmance by my able colleagues of this judgment and offer these dissenting reasons:

In this action filed by the State DHHR under LRS 14:403, the divorced mother appeals a judgment which terminated her parental-custodial right by adjudicating her two children in “need of care” because she inflicted “sexual abuse” upon one or both of them.1 LRS 14:403; CJP Art. 13, (14)(a).

Even when we review the evidence most favorably in support of the State, as we should, I believe we must find the evidence legally insufficient. Accordingly, I suggest we should reverse…

2Cases cited8 opinions

  1. Santosky v. KramerSupreme Court of the United States · 1982
  2. Lassiter v. Department of Social Servs. of Durham Cty.Supreme Court of the United States · 1981
  3. State, in Interest of Ae and JdLouisiana Court of Appeal · 1984
  4. State in Interest of KingSupreme Court of Louisiana · 1975
  5. State in Interest of PurcellLouisiana Court of Appeal · 1976

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