Dept. of Health & Welfare v. John Doe (2014-26)
Annotate this CaseJohn Doe and his wife had two children born during their marriage. They later divorced, and the children’s mother died from strangulation in 2011. Doe was arrested and charged with murder in connection with her death. He had been held in custody since his arrest. A jury found John Doe guilty of murder in the first degree, for which he was sentenced to life in prison without eligibility for parole during the first twenty-five years. He appealed his conviction. The children’s maternal grandparents were appointed their temporary guardians, and filed this action to terminate John Doe’s parental rights. While Doe was still appealing his sentence for murder, the guardians filed an amended petition adding a claim to adopt the children. The magistrate court tried the claim to terminate John Doe’s parental rights. The court issued its findings of fact, conclusions of law, and order finding that termination of John Doe’s parental rights was in the best interests of the children and that three statutory conditions existed justifying the termination. Doe then timely appealed. In 2015, the Supreme Court entered a decision vacating the jury verdict finding John Doe guilty of murder and his judgment of conviction because the district judge wrongly excluded evidence that the jury could have found corroborated his testimony that he did not kill the children’s mother. Because the judgment was based solely upon the jury verdict finding John Doe guilty of murdering the children’s mother and his judgment of conviction, both of which were vacated on his appeal in the criminal case, the Supreme Court vacated the judgment terminating his parental rights and remanded this case for further proceedings.
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