California Court of Appeal

In juvenile dependency court proceedings in which the court found that the appellant posed a risk of emotional and physical harm and sexual abuse as to certain children, the findings are: 1) affirmed as to children living in the appellant's home, where a) the dependency court did not abuse its discretion in allowing the 11-year old sexual abuse victim to testify, b) the court did not err in finding the victim was a credible witness, c) the appellant's trial counsel did not provide ineffective assistance of counsel by failing to challenge the victim's competence and credibility, and d) evidence of risk of harm was sufficient; and 2) reversed as to child who was 19 and had never lived in the home, since there was no substantial evidence to support the finding of risk to her.

Appellate Information

• Decided 04/12/2012
• Published 04/12/2012

Judges

• Bigelow

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Darlene Azevedo Kelly, Kim Nemoy