In Re Dawn L.

California Court of Appeal Apr 19, 1988 No. B006341Published

Before: Ashby

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Holding. The court affirmed the denial of a rehearing and the termination of juvenile court jurisdiction, holding that the appellant failed to demonstrate that a more favorable outcome would have resulted even if counsel had timely filed the rehearing request.

Issues

Whether the appellant was denied effective assistance of counsel due to his attorney's failure to timely file a request for a rehearing.
Whether the appellant demonstrated prejudice resulting from the alleged ineffective assistance of counsel.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“even if it is appropriate to evaluate the effectiveness of counsel in proceedings dealing with parental rights, appellant cannot succeed with an ineffective counsel claim unless he shows that it is reasonably probable a determination more favorable”

201 Cal.App.3d 35 (1988) 246 Cal. Rptr. 766 In re DAWN L. et al., Persons Coming Under the Juvenile Court Law.

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN'S SERVICES, Plaintiff and Respondent,

DOLPHIN L., Defendant and Appellant.

Docket No. B006341. Court of Appeals of California, Second District, Division Five.

April 19, 1988. [36] COUNSEL

Richard B. Lombardi, under appointment by the Court of Appeal, for Defendant and Appellant.

De Witt W. Clinton, County Counsel, and Ronald J. Selgrath for Plaintiff and Respondent.

OPINION

ASHBY, Acting P.J.

STATEMENT OF THE CASE

On August 4, 1982, minors Nyota L., age five and Dawn L., age five months, were taken into police custody. Thereafter, respondent Los Angeles County Department of Public Social Services filed a petition pursuant to former Welfare and Institutions Code section 300, asking that the children be adjudged dependents of the court. The social worker's report filed on October 15, 1982, contained allegations that the father of the children, Dolphin L. (appellant), had been in a violent altercation with their mother resulting in the mother's hospitalization, that prior to that time one of the children had been hospitalized with an unexplained fracture of the arm, that there was an ongoing family dispute between the parents, that both parents had been accused of welfare fraud, that the mother was an alcoholic who had no permanent residence, that appellant had served two years in prison on a rape charge, and that appellant was named as a suspect on an assault with a deadly weapon report.

[37]

In Re Dawn L.

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OPINION

STATEMENT OF THE CASE

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DISCUSSION

NOTES

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