STATE EX REL. CHILDREN v. JOE R.

No. 16519.

923 P.2d 1169 (1996)

122 N.M. 284

State of New Mexico, ex rel., Children, Youth and Families Department, In the Matter of Sara R., a child, and Concerning Joe R., Respondent. STATE of New Mexico, ex rel., CHILDREN, YOUTH AND FAMILIES DEPARTMENT, Petitioner-Appellee, v. JOE R., Respondent-Appellant.

Court of Appeals of New Mexico.

Certiorari Granted July 9, 1996.


Attorney(s) appearing for the Case

Diane Garrity, Kathryn A. Hughes, Roy E. Stephenson, Children's Court Attorneys, Angela L. Adams, Chief Children's Court Attorney, Children, Youth and Families Department, Santa Fe, for Appellee.

Sheryl L. Saavedra, Timothy J. Cusack, Cusack, Jaramillo & Associates, P.C., Roswell, for Appellant.

Michael H. Stone, Sanders, Bruin, Coll & Worley, P.A., Roswell, Guardian ad Litem.


OPINION

FLORES, Judge.

1. Respondent-Appellant (Father) appeals from the children's court's order granting summary judgment which terminated Father's parental rights. The points on appeal all relate to the central issue of whether the children's court improperly determined that Father's act of murdering Mother established neglect, as a matter of law, thereby justifying the termination of Father's parental rights. We reverse on the basis that termination...

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