In re Petition of G.A.P. R.S.
In re Petition of G.A.P. R.S.
Dissenting Opinion
dissenting.
I submit that this Motion falls within the standard for summary disposition set by this Court either for civil cases or criminal cases. See Oliver T. Carr Mgmt., Inc. v. Nat’l Delicatessen, Inc., 397 A.2d 914 (D.C. 1979); Watson v. United States, 73 A.3d 130 (D.C. 2013). The facts are “clear cut” with written findings, which are unchallenged by the appellant. The trial court’s decision is not clearly erroneous nor without evidentiary support.
Appellate delay in these cases where adoption was granted visits a great cost on the parties and the child, especially in this case where the young child suffered serious injury due to his biological mother’s abandonment and drug induced neglect. Prolonged uncertainty could cause irreversible emotional damage to this child. That is why this Court must grant “expedited review” of this case. D.C.Code § ll-721(g) (2012 Repl.). Furthermore, in a case like this one where affirmance is virtually guaranteed by a standard as high as beyond a reasonable doubt, we must grant the motion for summary affirmance. Cf. Chapman v. California, 386 U.S. 18, 87 S.Ct. 824, 17 L.Ed.2d 705 (1967) (holding that before a federal constitutional error can be held harmless the reviewing court must be able to declare a belief that it was harmless beyond a reasonable doubt). I submit that the reasonable doubt standard is appropriate for summary affirmance where otherwise the established standards for that disposition are met.
Here, the record on appeal is compelling that the biological mother is not fit for custody of this unfortunate child, and thus, affirmance should not be further delayed. Having waited until appellant’s brief has been filed and reviewed to act on the motion as decided by a prior panel, this panel must now look to the likelihood of reversal of the termination of parental rights and adoption decision. The trial
Opinion of the Court
ORDER
On consideration of the joint motion for summary affirmance filed 'by G.A.P. and the minor child’s guardian ad litem, appellant’s brief and appendix, and the record on appeal, it is
ORDERED that the motion for summary affirmance is denied. See Oliver T. Carr Mgmt., Inc. v. Nat’l Delicatessen, Inc., 397 A.2d 914, 915 (D.C. 1979). It is
FURTHER ORDERED that the brief of each appellee, or a statement that the party will not be filing a brief, shall be filed within thirty days from the date of this order and the reply brief of appellant, if any, shall be filed no later than fifteen days thereafter. It is
FURTHER ORDERED that this appeal shall be placed on the court’s calendar for consideration during the month of January 2016. It is
FURTHER ORDERED that any requests for extensions of time will be looked upon with disfavor and will be granted only upon a showing of good cause.
Reference
- Full Case Name
- In Re Petition of G.A.P. R.S., Appellant
- Status
- Published