Here.
The Montana Supreme Court continues to apply Baby Girl to absent fathers involved in state initiated proceedings, and not apply ICWA when terminating their rights.
Here.
The Montana Supreme Court continues to apply Baby Girl to absent fathers involved in state initiated proceedings, and not apply ICWA when terminating their rights.
Here. Fairly long case to be unpublished, and odd reading for an ICWA case–separating out the language of “beyond a reasonable doubt” from the additional standard that “continued custody of the child by the parent . . . is likely to result in emotional or physical damage to the child.” Rather, the court held:
The conduct by both parents shows the absence of concern, interest, and responsibility as to their children under both the clear-and-convincing and reasonable-doubt standards.
Here is the order in United States v. Lester (D. N.D.):
DCT Order Denying Restitution in Sentence
An excerpt:
Finally, the court could always impose a fine in the amount of the “buy money.” In fact, 21 U.S.C. § 844(a) has its own special provisions for fines, which, among other things, provide that, upon conviction “a person who violates this subsection shall be fined the reasonable costs of the investigation and prosecution of the offense …, except that this sentence shall not apply and a fine under this section need not be imposed if the court determines under the provision of Title 18 that the defendant lacks the ability to pay.”