AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The case involves the appeal by Racheal O. (Mother) against the district court's judgment terminating her parental rights to her child, Jasmine B.

Procedural History

• [Not applicable or not found]

Parties' Submissions

• Appellant (Mother): Argued that her trial counsel was ineffective for requesting the appointment of a guardian ad litem (GAL) to represent her, which she claims prejudiced her case (para 2).
• Appellee (State of New Mexico ex rel. Children, Youth & Families Department): [Not applicable or not found]
• Guardian Ad Litem: [Not applicable or not found]

Legal Issues

• Whether the trial counsel was ineffective in requesting the appointment of a guardian ad litem (GAL) for the Mother.
• Whether the Mother's due process rights were violated by the GAL’s report.

Disposition

• The Court of Appeals affirmed the district court’s order terminating Mother’s parental rights to the child.

Reasons

• The Court, consisting of Judges Julie J. Vargas, Linda M. Vanzi, and Briana H. Zamora, considered the Mother's memorandum in opposition but remained unpersuaded by her arguments. The Court found that the Mother did not present any new facts, law, or arguments that would challenge the proposed disposition of affirming the termination of her parental rights. The Court also declined to second-guess the district court's decision to strike the GAL report and supplemental report from the record, citing precedents that a trial court is presumed to disregard inadmissible evidence and that the written order prevails over oral statements or discrepancies. Furthermore, the Court found that the Mother failed to demonstrate any prejudice as a result of the GAL's report, thus no due process violation occurred. Consequently, the Court decided not to place the Mother's case on the general calendar and summarily affirmed the district court’s order (paras 1-5).