Termination of Parental Rights

82.09.d Rules of Evidence Article IV-Relevancy

In Re S.E.P. and L.U.E., COA06-1662, Jeffrey Miller for appellant-mother
The trial court erred in allowing petitioner to introduce evidence of the mother's close custody status while incarcerated, a conviction from the year 2000, and infractions or infraction charges while incarcerated. Evidence Rule 404 explicitly provides that character evidence shall not be admissible to prove conduct or to prove that an individual acted in conformity with her character on a particular occasion.
COA Opinion

In Re D.Q.M.D. and M.D.D., COA07-485, Annick Lenoir-Peek for appellant-mother
The trial court did not allow evidence of mother's compliance and progress in the DSS case involving her youngest child that was not subject of the TPR petition. The trial court's failure to admit this relevant information prevented the mother from being able to present her best evidence.
COA Opinion