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Father appeals termination of parental rights, faults trial counsel’s investigation and evidence presentation
Summary
In a termination-of-parental-rights appeal, successor counsel argued trial counsel failed to present witnesses and records (disclosed months earlier) that would show benefit from services and rebut findings of ongoing domestic violence; the court pressed whether the trial judge had credited the evidence and whether the father’s ongoing contact with the child’s mother undermined his claim.
Attorney Megan De, standing in as successor appellate counsel, asked the Appeals Court to vacate a decree terminating a father’s parental rights for lack of due process tied to ineffective-assistance claims. De said the father had provided potential witnesses and documents seven months before trial that trial counsel did not investigate or present; she argued that additional evidence would have shown the father engaged…
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