In re Interest of D.T. (Opinion)
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In this termination of parental rights action the Supreme Court affirmed the judgment of the court of appeals rejecting Mother's ineffective assistance of counsel claim, holding that Mother's ineffective assistance claim failed under Strickland v. Washington, 466 U.S. 668 (1984).
The State sought termination of Mother's parental rights to her child. The trial court found that Mother was indigent and appointed counsel to represent her. After the jury found that grounds existed for termination and that termination was in the child's best interest Mother's retained counsel filed a notice of appeal. Thereafter, the retained counsel was suspended from the practice of law. The trial court then appointed Mother's appellate counsel. The court of appeals affirmed, holding that Mother could not raise an ineffective assistance of counsel challenge because her counsel was retained rather than appointed. The Supreme Court reversed, holding (1) parents in government-initiated suits to terminate the parent-child relationship who retain counsel of their choosing may also challenge their counsel's performance by asserting an ineffective assistance claim; but (2) Mother's ineffective assistance claim failed under Strickland.
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