State v. C.L.K.

The Supreme Court reversed the decision of the court of appeals affirming the termination of Father’s parental rights and remanded this case to the circuit court to conduct a new trial, holding that denying a defendant an opportunity to present his case-in-chief is a structural error, one that is so intrinsically harmful as to require automatic reversal. After the State petitioned the circuit court to terminate Father’s parental rights, the case went to trial. Immediately after the State rested and before giving Father an opportunity to present his case the circuit court decided that Father was an unfit parent. On appeal, the State admitted error but argued that the circuit court’s decision was subject to a harmless-error review. The court of appeals agreed with the State and concluded that the circuit court’s error was harmless. The Supreme Court reversed, holding (1) the circuit court erred when it decided Father was an unfit parent before he had an opportunity to present his case; and (2) the error was structural, and the case must be remanded for a new trial. View "State v. C.L.K." on Justia Law

Posted in: Family Law

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