IN THE SUPREME COURT
STATE OF NORTH DAKOTA
| State of North Dakota, | ) | Supreme Ct. No. 20120340 | |||||||
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| Petitioner-Appellant, | ) | Burleigh County No. 2011-JV-00328 | |||||||
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| -vs- | ) | ||||||||
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| M.H.P., Child;, | ) | ||||||||
| M.L.P., Mother; | ) | ||||||||
| M.P., Father; | ) | ||||||||
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| Respondents-Appellees, | ) | ||||||||
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REPLY BRIEF OF PETITIONER-APPELLANT
APPEAL FROM ORDER ADOPTING REFEREE'S FINDINGS AND ORDER
DATED AUGUST 10, 2012, AND ORDER CLARIFYING ADOPTING
REFEREE'S FINDINGS AND ORDER DATED AUGUST 29, 2012
Burleigh County Juvenile Court
South Central Judicial District
The Honorable Bruce Romanick, Presiding
Dawn M. Deitz
Burleigh County Assistant State's Attorney
Courthouse, 514 East Thayer Avenue
Bismarck, North Dakota 58501
Phone No: (701) 222-6672
BAR ID No: 06534
Attorney for Petitioner-Appellant
TABLE OF CONTENTS
Page No.
| Table of Authorities | i | |||
| Argument | ||||
| 1 | ||||
| Conclusion | ||||
| 2 | ||||
| Table of Authorities | ||||
| Page No. | ||||
| Cases | ||||
| Interest of B.F. | ||||
| 2009 ND 53, 794 N.W.2d 170 | ||||
| 1 | ||||
| State v. Deutscher | ||||
| 2009 ND 98, 766 N.W.2d 442, 454 | ||||
| 1 | ||||
| Statutes | ||||
| N.D.C.C. § 27-20-29 | ||||
| 1 | ||||
Argument
The Respondents allege this appeal is barred pursuant to Interest of B.F., 2009 ND 53, 794 N.W.2d 170. In Interest of B.F., the judicial referee's findings and order were reviewed by the district court. The district court rejected the referee's findings of a determination of guilt. When an appellate or trial court 'concludes that evidence is legally insufficient to support a guilty verdict, it concludes that the prosecution has failed to produce sufficient evidence to prove its case. Thus, the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution bars retrial in such a case. State v. Deutscher, 2009 ND 98, 766 N.W.2d 442, 454. With the case before the Court, the district court adopted the referee's findings in the determination of guilt, thus it was found sufficient evidence existed to prove the delinquent act was committed beyond a reasonable doubt.
The Respondents further allege the appeal is barred claiming the adjudication remains only with a finding of guilt and need for treatment and rehabilitation. Again, turning to Section 27-20-29 of the North Dakota Century Code, the Petitioner believes dismissal of the petition was in error given the varying language between the various sections of the statute. N.D.C.C. § 27-20-29. Subsection 1 clearly calls for dismissal of the petitioner whereas subsection 2 calls for dismissal of the proceeding. Id. With such care being taken within the subsections, it is clear the legislative intent was not for dismissal of the entire petition.
Conclusion
Based upon the foregoing, the State requests that the trial court's Order Adopting Referee's Findings and Order dated August 10, 2012, and Order Clarifying Adopting Referee's Findings and Order dated August 29, 2012, be reversed and remanded.
Dated this ____ day of January, 2013.
| Dawn M. Deitz | ||||
| Burleigh County Assistant State's Attorney | ||||
| Courthouse, 514 East Thayer Avenue | ||||
| Bismarck, North Dakota 58501 | ||||
| Phone No: (701) 222-6672 | ||||
| BAR ID No: 06534 | ||||
| Attorney for Petitioner-Appellant | ||||