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Civil Procedure Keyed to Subrin
Lassiter v. Department of Social Services of Durham County, North Carolina
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Petitioner lost custody of her infant son in 1975. A year later, Petitioner was convicted of second-degree murder of one of her other children. In 1978, Respondent, the Department of Social Services of Durham County, North Carolina, petitioned to end Petitioner’s parental rights of the infant. Petitioner had counsel to overturn her murder conviction, but she did not notify him of the hearing. Instead she remained silent and attended the hearing alone. After listening to witnesses and to Petitioner, the court terminated her parental rights. Petitioner appealed the judgment, arguing that as an indigent the state should have provided her assistance of counsel under the Due Process Clause. The North Carolina Court of Appeals rejected her argument because the invasion of her privacy as not so great as to mandate counsel.
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