IN RE WALTON MINORS
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of N.W., C.I.W., and L.E.W., Minors.
FAMILY INDEPENDENCE AGENCY,
UNPUBLISHED
July 26, 2002
Petitioner-Appellee,
v
No. 236217
Wayne Circuit Court
Family Division
LC No. 94-317906
BRENDA MARSHELLE WALTON,
Respondent-Appellant,
and
DONALD RAY LEWIS, ANDRE MOORE, and
ANTHONY EXPOSE,
Respondents.
Before: Talbot, P.J., and Cooper and D. P. Ryan*, JJ.
MEMORANDUM.
Respondent-appellant appeals as of right from the trial court order terminating her
parental rights to the minor children under MCL 712A.19b(3)(a)(ii), (c)(i), (g) and (j). We
affirm. This appeal is being decided without oral argument pursuant to MCR 7.214(E).
During the termination proceedings, the trial court permitted respondent to participate via
telephone. Respondent was repeatedly warned by the trial court to not interrupt when other
witnesses were testifying. After several admonishments by the trial court not to interrupt,
respondent voluntarily hung up the telephone. Respondent contends that she was denied equal
protection when the trial court refused to allow her counsel to call her back after she hung up the
telephone. Because this constitutional challenge was not preserved for appellate review, we
review for plain error affecting respondent’s substantial rights. People v Carines, 460 Mich 750,
* Circuit judge, sitting on the Court of Appeals by assignment.
-1-
763-764; 597 NW2d 130 (1999). Respondent has failed to show that any plain error occurred
given the fact that she terminated her participation in the trial and not the trial court.
Affirmed.
/s/ Michael J. Talbot
/s/ Jessica R. Cooper
/s/ Daniel P. Ryan
-2-
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