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Denise Halvorson, et vir v. Hennepin County Children’s Services Department, et al.

Paid petition · Court of Appeals of Minnesota, No. A21-0522 · judgment December 30, 2021

Certiorari denied · June 26, 2023
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

The question presented is: 1. Whether it is an error of law for a state court to order the transfer of a foster care proceeding to tribal court when the transfer forces a nonmember party residing outside the reservation to the jurisdiction of the tribal court without that party’s consent?

Counsel of record

For petitioner
Mark David Fiddler
Fiddler Osband LLC

For respondent
Jonathan P. Schmidt
Hennepin County Attorney's Office

Case

Conference history
Distributed for 3 conferences

Proceedings

  1. Jun 26 2023
    Motion for leave to file amicus brief filed by Goldwater Institute GRANTED.
  2. Jun 26 2023
    Petition DENIED.
  3. Jun 20 2023
    DISTRIBUTED for Conference of 6/22/2023.
  4. Sep 28 2022
    DISTRIBUTED for Conference of 10/14/2022.
  5. Sep 26 2022
    Reply of petitioners Denise Halvorson, et vir filed. (Distributed)
    Main DocumentProof of ServiceCertificate of Word Count
  6. Sep 14 2022
    Brief of respondents Hennepin County Children’s Services Department, et al. in opposition filed.
    Main DocumentCertificate of Word CountProof of Service
  7. Jul 26 2022
    Motion to extend the time to file a response is granted and the time is extended to and including September 14, 2022, for all respondents.
  8. Jul 25 2022
    Motion to extend the time to file a response from August 15, 2022 to September 14, 2022, submitted to The Clerk.
    Main DocumentProof of Service
  9. Jul 15 2022
    Response Requested. (Due August 15, 2022)
  10. Jun 29 2022
    DISTRIBUTED for Conference of 9/28/2022.
  11. Jun 22 2022
    Motion for leave to file amicus brief filed by Goldwater Institute.
    Main DocumentCertificate of Word CountProof of Service
  12. Jun 22 2022
    Waiver of right of respondents W. M., F. J.V., the Red Lake Band, and the Guardian ad Litem to respond filed.
    Main Document
  13. Jun 02 2022
    Waiver of right of respondent Hennepin County Children’s Services Department to respond filed.
    Main Document
  14. Mar 30 2022
    Petition for a writ of certiorari filed. (Response due June 22, 2022)
    PetitionCertificate of Word CountProof of Service