Gipson v. State, ex rel. Dep't of Family Services
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The Supreme Court affirmed the judgment of the district court denying Mother's request for a jury trial in this termination of parental rights case, holding that the district court exercised sound judgment under the circumstances.
The Department of Family Services brought an action to terminate Mother's parental rights to her son. Mother failed to make a timely demand for a jury trial pursuant to Wyo. R. Crim. P. 38 (Rule 38) and later requested that the district court grant a jury trial under Wyo. R. Crim. P. 39(b). The district court denied Mother's request and subsequently terminated her parental rights. The Supreme Court affirmed, holding (1) the order denying Mother's Rule 39 motion was not a final appealable order; and (2) the district court did not abuse its discretion in denying Mother's request for a jury trial.
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