MSH v. ALH
2012 WY 29
| Wyo. | 2012Background
- Father's parental rights terminated under Wyoming statute for felony incarceration and unfitness; termination petition filed December 2009; father pled guilty to aggravated sexual assault of a minor and is incarcerated for ten years; victim was the girlfriend's six-year-old daughter who called father 'Daddy'; district court found lack of financial/physical support and long absence from children since 2004; guaranteed release in 2014 would still leave substantial absence from children's lives.
- Mother sought termination based on father's incarceration and unfitness; trial record showed minimal contact with children; court considered multiple factors including lack of support and the nature of the underlying crime.
- At issue on appeal: admission of police report and officer testimony as to credibility; whether evidence supported a finding of unfitness by clear and convincing standards; whether the district court erred in relying on prior conviction and related facts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Plain error in Officer Dunn's testimony and report admission | Father argues hearsay; report and testimony relied on hearsay. | Mother contends admissible under record; plain error not shown. | No plain error; evidence adequate without the report. |
| Officer Dunn's credibility/vouching for victim's statement | Dunn vouched for victim's credibility. | No prejudicial vouching beyond testimony; proper consideration. | No plain error; no prejudice shown. |
| Sufficiency of evidence of unfitness to terminate rights | Father asserts not shown by clear and convincing evidence. | Mother proved unfitness under § 14-2-309(a)(iv). | Clear and convincing evidence supported termination. |
Key Cases Cited
- Walker v. State, 267 P.3d 1107 (Wy. 2012) (plain-error review standard applied when raised for first time on appeal)
- In re Interest of DG, 916 P.2d 991 (Wy. 1996) (plain-error review in termination proceedings)
- JLW v. CAB (In re WDW), 224 P.3d 14 (Wy. 2010) (fitness and termination standards; unfit defined in context)
- CDB v. DJF, 118 P.3d 439 (Wy. 2005) (convicted of serious crime; impact on parent-child relationship)
- R.L.A. v. State, Dep't of Family Servs. (In re L.A.), 215 P.3d 266 (Wy. 2009) (fitness includes physical, mental, emotional needs; individualized case analysis)