California Court of Appeal

The juvenile court's sustaining of a dependency petition was incorrect, without any evidence or allegation of an inability to arrange for care of a child during a period of incarceration; this issue may be raised for the first time on appeal, where prior failure to do so was due to the ineffective assistance of counsel.

Appellate Information

• Decided 06/27/2002
• Published 06/27/2002

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Kathleen Murphy Mallinger, under appointment by the Court of Appeal, for the Minor.


• For Appellees:
  
•  Jennifer Mack, under appointment by the Court of Appeal, and Richard Pfeiffer, for Defendant and Appellant Stephanie D., Kate M. Chandler, under appointment by the Court of Appeal, for Defendant and Appellant John D., Benjamin P. de Mayo, County Counsel, and Ward Brady, Deputy County Counsel, for Plaintiff and Respondent.