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In Re Phoenix H., No. S155556

By FindLaw Staff on December 22, 2009 9:01 AM

In proceedings arising from a termination of parental rights, a court of appeals' dismissal of parent's appeal is affirmed where: 1) in circumstances where appointed counsel for an appealing parent files a brief raising no issues, a court of appeal has the discretion to permit the parent to personally file a brief but must do so only upon a showing of good cause that an arguable issue does, in fact, exist; and 2) here, the court of appeal properly declined to permit the parent to personally file a brief because the parent failed to make such a showing. 

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Appellate Information
Appeal from San Diego County, No. SJ11392

Filed December 11, 2009

Before:  George, C. J., Baxter, J., Chin, J., Corrigan, J.,  Kennard, J.,  Moreno, J., and Werdegar, J.,

Opinion by Moreno, J.

For Appellant:  Patti L. Dikes

For Appellee:  John J. Sansone, County Counsel, John E. Philips, Chief Deputy County Counsel, Lisa M. Maldonado and Gary C. Seiser, Deputy County Counsel

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