IN RE WELFARE OF CHILDREN OF A.I.

No. A09-1818.

779 N.W.2d 886 (2010)

In the Matter of the WELFARE OF the CHILDREN OF A.I. (Deceased) and M. I., Parents.

Court of Appeals of Minnesota.

March 16, 2010.


Attorney(s) appearing for the Case

William Ward, Fourth District Chief Public Defender, Peter W. Gorman, Assistant Public Defender, Minneapolis, MN, for appellant M.I.

Michael O. Freeman, Hennepin County Attorney, Mary M. Lynch, Cory A. Carlson, Assistant County Attorneys, Minneapolis, MN, for respondent Hennepin County.

Rebecca A. Paulzine, Bruce G. Jones, Faegre & Benson LLP, Minneapolis, MN, for respondent, Patricia Timpane, Guardian ad Litem Program.

Considered and decided by HALBROOKS, Presiding Judge; SCHELLHAS, Judge; and CRIPPEN, Judge.


OPINION

CRIPPEN, Judge.*

On appeal from an order terminating his parental rights, appellant argues that respondent impermissibly based its decision solely on the fact of his incarceration as proof that he is palpably unfit, and raises other arguments about the propriety of the proceedings in the district court. Because we conclude that appellant's act of murdering the children's mother, resulting in a prison sentence longer than...

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