IN RE THOMAS MINORSAnnotate this Case
STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of KRYA LACHELLE THOMAS and
KHADIJAH LASTARR THOMAS, Minors.
FAMILY INDEPENDENCE AGENCY,
November 6, 1998
Wayne Juvenile Court
LC No. 95-333926
DIANNA DECHELLE BLAIR,
Before: Young Jr., P.J., and Wahls and Jansen, JJ.
Respondent appeals as of right from a juvenile court order terminating her parental rights to the
minor children under MCL 712A.19b(3)(c)(i), (g) and (j); MSA 27.3178(598.19b)(3)(c)(i), (g) and
(j). We affirm.
Respondent argues that she was denied the effective assistance of counsel. Although this issue
was not raised before the juvenile court, review may be granted to the extent any alleged deficiency is
apparent from the record. People v Wilson, 196 Mich App 604, 612; 493 NW2d 471 (1992); In re
Schmeltzer, 175 Mich App 666, 673; 438 NW2d 866 (1989). In order to succeed on a claim of
ineffective assistance of counsel, respondent must show that counsel's performance fell below an
objective standard of reasonableness and that the representation so prejudiced her that she was
deprived of the right to a fair trial. People v Pickens, 446 Mich 298, 338; 521 NW2d 797 (1994); In
re Rogers, 160 Mich App 500, 502; 409 NW2d 486 (1987).
The record does not support respondent’s claim that counsel was ineffective for failing to
request an adjournment of the September 1997, hearing. There is no indication that respondent ever
provided counsel with a reason explaining her absence and there was little likelihood that a request for
an adjournment would have been granted in any event considering that the termination petition had been
pending for several months. See In re King, 186 Mich App 458, 466; 465 NW2d 1 (1990).
Respondent also argues that counsel was ineffective for failing to present witnesses on her behalf.
However, respondent does not assert, nor does the record indicate, that there were witnesses available
who could have provided favorable testimony. Thus, respondent has not established that she was
denied the effective assistance of counsel.
/s/ Robert P. Young, Jr.
/s/ Myron H. Wahls
/s/ Kathleen Jansen