Latest 2 Cases: In re Child of Philip S. (Family Law), In re Children of Brittany B. (Family Law)

Can a President Who Is Reelected After Being Acquitted in One Impeachment Case be Retried by a Subsequent Senate?

VIKRAM DAVID AMAR

Illinois law dean and professor Vikram David Amar considers whether a President who has been impeached and acquitted may, if reelected, be retried by a subsequent Senate. Amar acknowledges that it is unclear whether the Fifth and Sixth Amendments’ criminal procedural protections apply to impeachment proceedings, but he offers two key reasons that re-litigation of impeachment allegations after presidential reelection would be improper.

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In re Child of Philip S.

Citation: 2020 ME 2

Opinion Date: January 2, 2020

Judge: Leigh Ingalls Saufley

Areas of Law: Family Law

The Supreme Judicial Court affirmed the judgment of the district court dismissing for lack of standing Uncle and Aunt's family matter complaint seeking a determination of de facto parentage as to Child, holding that the district court did not err in concluding that Uncle and Aunt lacked standing. The paternal aunt and uncle of Child sought a determination of de facto parentage while a child protection matter was pending with respect to Child. The district court granted Uncle and Aunt's motion to intervene in the child protection matter and dismissed for lack of standing their family matter complaint seeking to establish de facto parentage. The Supreme Court affirmed, holding that the facts did not compel a finding, by a preponderance of the evidence, that Uncle and Aunt satisfied all necessary elements for establishing standing to seek de facto parentage.

In re Children of Brittany B.

Citation: 2020 ME 1

Opinion Date: January 2, 2020

Judge: Leigh Ingalls Saufley

Areas of Law: Family Law

The Supreme Judicial Court affirmed the judgment of the district court finding that two of Mother's children were in jeopardy to their health or welfare while in Mother's care, holding that Mother did not present a prima facie case of attorney ineffectiveness and that the record supported the court's evidentiary rulings. After a contested jeopardy hearing, the district court found jeopardy to the children based on the risk of physical and emotional harm and exposure to multiple unsafe people with a history of violence. Mother appealed, arguing that her trial counsel's assistance was ineffective and that the court abused its discretion by admitting certain statements by the children. The Supreme Judicial Court affirmed, holding (1) the record demonstrated assertive and effective assistance of counsel; (2) the court did not abuse its discretion in admitting the children's statements; and (3) the court's finding that the children would be in circumstances of jeopardy in Mother's care was based on competent evidence in the record.