In re Children of Kacee S.
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The Supreme Court vacated the judgment of the district court denying Mother's second motion for relief from the judgment of the district court terminating her parental rights to her four children, holding that Mother made a prima facie showing that she received ineffective assistance of counsel at the trial phase and post-judgment phase of the case.
Mother did not appear for the termination hearing, and trial counsel was also absent when the hearing began. After Mother's parental rights were terminated trial counsel moved to withdraw from the case, and interim counsel was appointed to represent Mother. Appellate counsel filed a Rule 60(b) motion for relief of judgment, alleging ineffective assistance of trial counsel and interim counsel. The trial court denied the motion as untimely. The Supreme Court vacated the judgment, holding (1) Mother made a prima facie showing of ineffective assistance of counsel at both the trial phase of the case and the post-judgment phase; and (2) Mother's Rule 60(b) motion was both proper and timely in light of the extraordinary circumstances presented in this case.
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