· 4/11/2008
Manuel M. v. Arizona Department of Economic Security
Citations
- 181 P.3d 1126
- 218 Ariz. 205
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that, after a parent’s waiver of rights, “factual allegations are deemed admitted but legal conclusions are not.”
- holding that when a parent fails to appear at a severance hearing, he “admits only the factual contentions contained in the motion”
- concluding that a parent does not waive the parent's due process right to the assistance of counsel by failing to appear at a termination hearing because Rule 66(D)(2
- holding that a parent’s failure to appear at a termination adjudication may constitute a waiver of rights if the parent had been informed he or she could lose those rights by failing to appear
- recognizing that although a parent has procedural due process rights in a termination adjudication hearing, the parent can waive those rights through non-appearance after being “specifically informed he or she could lose by failing to appear”
- acknowledging that a parent's nonappearance can constitute a constructive waiver of rights that the parent had been specifically informed could be lost by failing to appear
Source: CourtListener parenthetical corpus (CC0).
Judges: Eckerstrom, Espinosa, Vásquez
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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