In Re Ramon M. Diana v. the State of Texas

If this opinion indicates that it is “FOR PUBLICATION,” it is subject to revision until final publication in the Michigan Appeals Reports. STATE OF MICHIGAN COURT OF APPEALS UNPUBLISHED June 24, 2025 10:20 AM In re CD, Minor. No. 371098 Crawford Circuit Court Family Division LC No. 21-004622-NA Before: MARIANI, P.J., and MALDONADO and YOUNG, JJ. PER CURIAM. Respondent-mother appeals by right the order terminating her parental rights to the minor child, CD, under MCL 712A.19b(3)(j) (reasonable likelihood child will be harmed if returned to parent’s home). In a scant, two-paragraph argument on appeal, respondent-mother asserts only that the trial court erred by taking judicial notice of a separate personal protection order (PPO) case between herself and CD’s father, who was not a respondent in this matter, and that there was no need to terminate her parental rights because she was jailed for violating the PPO. We affirm. I. BACKGROUND This case was commenced approximately a month after respondent-mother’s home was raided by a police drug taskforce following three controlled purchases of prescription drugs from respondent-mother, during which the police found and confiscated a dangerous butane-based THC extraction lab from her garage. The minor child, CD, was placed in the care of his father in an ex parte custody order entered in a custody case between the father and respondent-mother. The father was simultaneously granted a PPO against respondent-mother. The same judge presided over this case, the custody case, and the PPO proceedings.1 The trial court took judicial notice of the PPO proceedings in a contempt hearing in this case without objection by respondent-mother’s 1 The trial court also issued another PPO against respondent-mother while this case was pending. -1- attorney. Respondent-mother also was charged criminally, and a different judge presided over her criminal cases. Almost three years after the raid and more than two years after the order of adjudication, the trial court issued a lengthy written opinion that summarized the voluminous testimony in this case. The trial court found that respondent-mother’s noncompliance with petitioner, continued impulsivity and history of defiance, and lack of benefit from services showed that CD would likely be harmed if returned to her care. The trial court then found that respondent-mother’s dishonesty, lack of insight, lack of accountability, and questionable judgment in recently marrying a felon showed that termination was in CD’s best interests. The trial court noted that it had no assurance that CD would be kept safe through custody orders in the parallel custody proceeding because respondent-mother’s conduct throughout this case and as reflected in the PPO case showed that she could not be trusted to follow any such orders. II. PRESERVATION OF ISSUES A respondent must object in the trial court to the trial court’s use of evidence. In re VanDalen, 293 Mich App 120, 135; 809 NW2d 412 (2011). Respondent-mother expressly declined to do so when the trial court directly asked if she had any objection to the trial court taking judicial notice of the PPO matters at a contempt hearing in this case. Waiver does not require any particular language, but it “must be explicit, voluntary, and made in good faith.” In re MJC Minor, ___ Mich App ___, ___; ___ NW3d ___ (2023) (Docket No. 365616); slip op at 3. A party waives an issue by expressly declining a trial court’s invitation to object to a matter. People v Carter, 462 Mich 206, 214-215; 612 NW2d 144 (2000); People v McDonald, 293 Mich App 292, 295; 811 NW2d 507 (2011). If an issue is waived, there is no right to appeal. People v Flores, 346 Mich App 602, 608; 13 NW3d 668 (2023). However, “[o]ut of an abundance of caution,” we will treat this issue “as merely forfeited rather than affirmatively waived.” See Flores, 346 Mich App at 608-609. III. STANDARD OF REVIEW An unpreserved error in a termination-of-parental-rights case is reviewed for plain error affecting substantial rights. In re Ferranti, 504 Mich 1, 29 & n 13; 934 NW2d 610 (2019). Under that standard, a clear or obvious error must have occurred, the error must have affected the outcome of the

Court of Appeals Tenth Appellate District of Texas 10-25-00240-CR Bradley Oliver, Appellant v. The State of Texas, Appellee On appeal from the 19th District Court of McLennan County, Texas Judge Thomas C. West, presiding Trial Court Cause No. 2021-499-C1 JUSTICE SMITH delivered the opinion of the Court. MEMORANDUM OPINION Appellant appeals from a judgment revoking community supervision which was imposed on May 15, 2025 and signed by the trial court on that same date. Appellant wrote a pro se letter to the trial court asking to appeal the judgment which was mailed on July 16, 2025 and filed by the trial court clerk on July 18, 2025. Appellant was represented by court-appointed counsel prior to the imposition of sentence, and nothing in the clerk’s record indicates that his attorney withdrew from his representation of Appellant after his sentence was imposed. The trial court appointed appellate counsel for Appellant on July 25, 2025, and counsel promptly filed a notice of appeal and motion for extension of time to file the notice of appeal. However, a motion for extension of time may be granted only if it is filed within 45 days of the imposition of sentence. Therefore, the pro se notice of appeal filed by Appellant on July 18, 2025 and later motion to extend and amended notice of appeal were not timely and this Court is unable to grant the motion for extension of time because we lack jurisdiction to do so. See TEX. R. APP. P. 26.2(a)(1), 26.3. See also Slaton v. State, 981 S.W.2d 208, 210 (Tex. Crim. App. 1998). Accordingly, this appeal is dismissed. See id. Appellant’s motion to extend time to file the notice of appeal is dismissed. STEVE SMITH Justice OPINION DELIVERED and FILED: August 14, 2025 Before Chief Justice Johnson, Justice Smith, and Justice Harris Appeal dismissed; motion dismissed Do not publish CR25 Oliver v. State Page 2

Fourth Court of Appeals San Antonio, Texas JUDGMENT No. 04-25-00056-CR Alicia Angelita ARREDONDO, Appellant v. The STATE of Texas, Appellee From the 175th Judicial District Court, Bexar County, Texas Trial Court No. 2022CR11898 Honorable Catherine Torres-Stahl, Judge Presiding BEFORE JUSTICE RIOS, JUSTICE VALENZUELA, AND JUSTICE BRISSETTE In accordance with this court’s memorandum opinion of this date, this appeal is DISMISSED. SIGNED August 6, 2025. _________________________________ Irene Rios, Justice

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAOT-XX-XXXXXXX 20-JUN-2025 07:59 AM Dkt. 5 ODSLJ NO. CAOT-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI I JASON FLETCHER, Petitioner, v STATE OF HAWAI I, Respondent. ORDER (By: Leonard, Acting Chief Judge, Hiraoka, Wadsworth, JJ.) Upon review of the record, the court finds that self- represented Petitioner Eric Fletcher's (Fletcher) April 25, 2025 Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody appears to seek affirmative relief in the nature of a federal petition for writ of habeas corpus, which this court lacks jurisdiction to decide. Therefore, IT IS HEREBY ORDERED that case No. CAOT-XX-XXXXXXX is dismissed for lack of jurisdiction without prejudice to Fletcher seeking relief from the appropriate court having jurisdiction. Dated: Honolulu, Hawai i June 20, 2025. /s/ Katherine G. Leonard Acting Chief Judge /s/ Keith K. Hiraoka Associate Judge /s/ Clyde J. Wadsworth Associate Judge

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 18-JUN-2025 07:58 AM Dkt. 65 SO NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I STATE OF HAWAI#I, Plaintiff-Appellee, v. CHARLESTON MAHOE, Defendant-Appellant (CASE NO. 1CPC-XX-XXXXXXX) AND STATE OF HAWAI#I, Plaintiff-Appellee, v. CHARLESTON MAHOE, SR., Defendant-Appellant (CASE NO. 1CPC-XX-XXXXXXX) APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT SUMMARY DISPOSITION ORDER (By: Leonard, Acting C.J., and Hiraoka and Wadsworth, JJ.) Defendant-Appellant Charleston Mahoe, also known as Charleston Mahoe, Sr. (Mahoe), appeals from the following orders (together, the Denial Orders) entered by the Circuit Court of the First Circuit: (1) the February 28, 2023 "Findings of Fact, Conclusions of Law, and Order Denying [Mahoe's] Motion to Dismiss Proceedings" in case no. 1CPC-XX-XXXXXXX (Case 823); and (2) the February 28, 2023 "Findings of Fact, Conclusions of Law, and Order Denying [Mahoe's] Motion to Dismiss Proceedings," in case no. 1CPC-XX-XXXXXXX (Case 829).1/ On June 22, 2017, Plaintiff-Appellee State of Hawai#i (State) charged Mahoe in Case 823 with Count 1, Assault in the Second Degree, and Count 2, Violation of a Temporary Restraining Order. On June 23, 2017, the State charged Mahoe in the 829 Case 1/ The Honorable Shirley M. Kawamura presided in both cases.  NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER with Counts 1 through 3, Terroristic Threatening in the First Degree, and Counts 4 through 9, Violation of a Temporary Restraining Order. Mahoe pleaded no contest to all counts in both cases, and on December 19, 2017, the circuit court sentenced him to HOPE probation. On June 24, 2022, the State moved in both cases to revoke Mahoe's probation and resentence him. On December 22, 2022, Mahoe filed a Motion to Dismiss Proceedings (Motion to Dismiss) in each case. Mahoe argued that the Hawai#i Supreme Court's decision in State v. Obrero, 151 Hawai#i 472, 517 P.3d 755 (2022), required dismissal due to the State's failure to comply with HRS § 801-1's indictment-or- information requirement. On February 28, 2023, the circuit court entered the Denial Orders, which denied the respective Motions to Dismiss. On May, 11, 2023, the circuit court filed Orders of Resentencing Revocation of Probation. On appeal, Mahoe contends that the circuit court erred in applying "the Motta/Wells standard" to his "Obrero claim" and denying his Motions to Dismiss on that basis. After reviewing the record on appeal and the relevant legal authorities, and giving due consideration to the issues raised and the arguments advanced by the parties, we resolve Mahoe's appeal as follows: The Hawaii Supreme Court has held that "Obrero applies to cases that were pending trial before the decision. Obrero does not apply retroactively to defendants who pled out or to defendants convicted after a trial." State v. Bautista, 153 Hawai#i 284, 289, 535 P.3d 1029, 1034 (2023). The supreme court further held that "defendants awaiting sentencing . . . are foreclosed from having their pleas nullified or their trial convictions overturned" pursuant to Obrero. Id. Here, Mahoe pled out, was convicted, and was sentenced to probation with special conditions before Obrero was decided. He was awaiting resentencing when he first raised his argument based on Obrero. Pursuant to Bautista, Obrero did not apply to 2  NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER his cases. Accordingly, the circuit court did not err in denying the Motions to Dismiss. Therefore, the respective February 28, 2023 Denial Orders entered by the Circuit Court of the First Circuit in Case 823 and Case 829 are affirmed. DATED: Honolulu, Hawai#i, June 18, 2025. On the briefs: /s/ Katherine G. Leonard Taryn R. Tomasa, Acting Chief Judge Deputy Public Defender, for Defendant-Appellant. /s/ Keith K. Hiraoka Brian Vincent, Associate Judge Deputy Prosecuting Attorney, City and County of Honolulu, for Plaintiff-Appellee. /s/ Cly