Kemper v. Co. of San Diego

JOHNNEISHA KEMPER,

Plaintiff and Appellant,

v.

COUNTY OF SAN DIEGO et al.,

Defendants and Respondents.

No. D066289

(Super. Ct. No. 37-2010-00094975-CU-PN-CTL)

California Courts of Appeal

Fourth Appellate District

Division One

Filed December 28, 2015

ORDER MODIFYING OPINION

AND DENYING PETITION FOR

REHEARING AND REQUEST TO

CHANGE PUBLICATION STATUS

NO CHANGE IN JUDGMENT

THE COURT:

     It is ordered that the opinion filed on December 4, 2015, be modified as follows:

     At the end of the first complete paragraph on page 21, the following footnote 5 is added, which will require renumbering of all subsequent footnotes:

⁵      Contrary to Kemper's assertion in a rehearing petition, we are not suggesting any new duty on an appellate counsel in a dependency action.  Given the strict deadlines in juvenile dependency actions and the state's strong interest in expediting these proceedings, if an appellate counsel is aware of facts outside the record that would support an ineffective assistance of counsel claim, the counsel should advise the client of this fact and consider raising the issue by habeas corpus petition.  If necessary, an appointed counsel may petition to expand his or her appointment.  Kemper's citation to decisions in the criminal habeas context are unhelpful on this issue.

     Appellant's petition for rehearing is DENIED.  Appellant's request to change the publication status to nonpublished is DENIED.

     There is no change in the judgment.

BENKE, Acting P. J.