Recent content by boxy

One thing I did not understand about the NCSC opinion in the Speagle v. Seitz case was the statement that the standard of proof in custody cases is preponderance of the evidence. The state statutes seem to say the standard is clear and convincing evidence. Either the law has changed or I'm...

Interesting case but the one you want to read is probably Speagle v. Seitz, in which a mother was acquitted of murder of the father of her child but the NC Supreme Court found that evidence of her involvement in the murder should be considered and agreed that she had acted in a manner...

Again, you're making statements about what LE believe in the Cooper case that is not supported, to my knowledge, by the public record. Please explain the basis for your statement. Or you might want to reword it to say that YOU believe that LE believes BC killed NC so readers will know your...

How do you know what LE believe in the Cooper case?

It's great that you're out there pounding the trails and knocked off a 5k. Hope you keep it up.

More from Adams v Tessener

That is not my understanding at all. There are two parts to a custody decision. In the first part, called adjudication, a decision is made as to whether there is a reason to remove a child from his/her current custody. I've posted references to statutes and case law listing the possible...

BC either has to be an unfit parent or act in a manner inconsistent with his constitutionally-protected role as parent for him to not retain custody. In the ex parte order, Sasser indicated the latter but based that decision on facts that we now know are not true. Visitation is not custody...

I thought this section from the Adams v Tessener decision is also illustrative of the well established judicial principle that the natural parent is presumed to be fit unless proved otherwise.

Where does this come from? This is not how I read state statutes or decisions of the NC Supreme Court. Someone (usually the state through DSS) has to prove abuse, neglect, or abandonment with clear and convincing evidence. Only after such a finding is adjudicated does the court consider the...

Wrong. The preponderance of the evidence (i.e., more likely than not) standard is not the standard for this custody case. The standard is clear and convincing evidence, which is a higher standard. The plaintiff has to show through clear and convincing evidence that BC either abused...

There are different standards that must be met for the criminal murder and civil custody cases. In the former, the standard is beyond a reasonable doubt. For the civil custody case, the standard appears to be by clear and convincing evidence, which is a higher burden than preponderance of the...

I don't think that's entirely correct for North Carolina. LE can arrest someone for murder without involvement of the DA. The arrested person then would have a probable cause hearing to determine if there was sufficient evidence to support charging them. LE doesn't have to catch them in the...

Parents have constitutional rights. For example, read the ex parte order, page 2 of 3, Findings of Fact #9. "Defendant has acted inconsistently with his constitutionally protected status as a parent to the minor children." I am still waiting to read Judge Sasser's written order to see...

Not really. She got $500 total from the Smiths ($125 each from four people) and $500 total from K&B. If you want to be picky, K&B were more forthcoming in their donations because they did them in their own name rather than the facade of using their spouse for half the donation. That said, I...