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Name: In re Paul W.
Case #: H029866
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 05/23/2007
Summary

Mother was not a party to the habeas proceeding initiated by father to determine whether he received ineffective assistance of counsel. The juvenile court issued an order to show cause on father’s petition for writ of habeas corpus, which claimed ineffective assistance of counsel. Mother was aware of the hearing, but did not attend. The trial court concluded that father’s trial counsel rendered ineffective assistance and that the errors were prejudicial. The court vacated its jurisdictional findings and subsequent orders. Mother appealed from the habeas decision, claiming that the trial court erred when it failed to accord her party status in the habeas proceeding. The appellate court dismissed the appeal. Mother did not have standing to prosecute the appeal. She was not a party in the habeas proceedings, nor was she legally aggrieved by the ruling. The habeas proceeding did not operate as a dismissal of the dependency.