In re M.M., ___ N.C. App. ___ (December 19, 2023)

Held: 
Affirmed
  • Facts: Father appeals the adjudication of his five children as abused and neglected. This summary focuses on Father’s argument that he received ineffective assistance of counsel due to his court-appointed attorney’s failure to object to DSS’s testimonial evidence of his daughters’ sexual abuse.
  • “A party alleging ineffective assistance of counsel must show that counsel’s performance was deficient and the deficiency was so serious so as to deprive the party of a fair hearing.” Sl. Op. at 8 (citation omitted).
  • Challenged testimony was not improper, therefore Father’s counsel was not deficient by failing to object to the evidence and Father did not receive ineffective assistance of counsel. Neither the forensic interviewer nor the nurse practitioner testified that sexual abuse had occurred, only that they had conducted forensic interviews and child medical evaluations, respectively, with determinations that it was highly concerning the children interviewed and examined had been sexually abused.
Category:
Abuse, Neglect, Dependency
Stage:
Appointment of Counsel
Topic:
Ineffective Assistance of Counsel
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ineffective assistance of counsel