http://www.courts.mo.gov/SUP/index....2577a1005d6969/$FILE/SC91141_Mother_brief.pdf
pg. 83-86
IMO if they are going to use the bio mother's alleged crimes in court, shouldn't they also be allowed to use the "adoptive" parent's alleged crimes? Did the attorneys for the bio-mom use this info in court? Is that what I am reading, an actual document submitted in court for this case? (Sorry I get confused easily about what I am actually trying to say and have to put into written (typed) words)
Anyone else read this? I haven't read the whole thing, but sounds to me like maybe the "adoption" wasn't even really "legal" to begin with?
...............................................................................
Yes, I read the whole thing--- the 'majority' opinion and the 2 other opinions from 2 of the judges on the court.
The linked doc was not submitted to the ct; it is the opn of the Mo. Sup Ct. judge
s reviewing what happened before the trial court judg
e---
who was involved, the witnesses, the atty's, the evd. submitted and the trial ct.'s decision.
And yes, you are right-- Mo.Sup Ct decided, based on the trial record (transcript of testimony, etc) and appellate briefs, that the adoption was not 'legal.'
I summarized my understanding of the opn, in posts 35 & 36.
Basically because there was not sufficient evd that bio-mom willfully abandoned the baby.
That Sup Ct decision does not mean bio-mom automatically gets baby Carlitos/Jamison back.
Outcome: Mo Sup Ct says -- bio-mom gets a do-over, that is, she gets a new trial (as my other above posts described).
In new trial, when it is held,
Poss. that bio-mom will get better counsel and put on much more evd to show she did not willfully abandon the baby and her parental rights
shd NOT be terminated and she w/rcv custody of Carlitos; but also
Poss. that adoptive parents will put on same evd & even more evd to show bio-mom willfully abandoned baby and then poss'ly same result for them, that bio-mom's parental rights are term'ed, & their adoption is valid.
Hope this helps.
If any other sleuthers wish to correct or dissect my understanding, jump right in, by PM to me or by bd. post.
Thx in adv.