State v. Paulson
State of North Dakota, Petitioner
The Honorable John T. Paulson,
Judge of the District Court,
Southeast Judicial District,
and Guardian and Protective
Services, Inc., as conservator
for Cornelius Hopkins, Jr.,
a minor, Respondents
|Nature of Action:||Writ of Supervision (Civil)|
|Term:||01/2001  Argument: 01/16/2001|
|ND cite:||2001 ND 82|
625 N.W.2d 528
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
I. This Court should exercise its supervisory jurisdiction because Petitioner has no other adequate remedy.
II. This Court should exercise its supervisory jurisdiction in this case to rectify errors and prevent injustice.
A. Failure to comply with the notice of claim provision bars a suit against the State.
B. The district court erred in holding that there was no notice of claim time limit in Hopkins case.
C. The district court's rationale is inconsistent with this Court's findings on notice of claim requirements.
Appellee's Statement of the Issues:
The 180-day notice of claim requirement under N.D.C.C 32-12.2-04(1) does not apply to this case.
1. The 180-day notice of claim requirement under N.D.C.C. 32-12.2-04(1) does not apply to this case because Cornelius has been incapacitated by the injuries he suffered on February 28, 1998.
2. The "incapacitated by the injury" exception to the 180-day notice of claim requirement under N.D.C.C. 32-12.2-04(1) should be interpreted broadly as the North Dakota Legislature did not intend the 180-day notice of claim requirement to be jurisdictional.
B. The State's argument that the 180-day time period is somehow applicable to Cornelius' guardian should be rejected as it is not supported by the law or the facts in this case.
C. N.D.C.C. 28-01-25 excepts Cornelius from the requirements of the 180-day claim filing period in N.D.C.C. 32-12.2-04(1) because he is a minor.
D. The 180-day claim-filing requirement found in N.D.C.C. 32-12.2-04(1) is unconstitutional.
1. Section 32-12.2-04(1), N.D.C.C., violates Cornelius' constitutional right of equal protection as guaranteed by the Fourteenth Amendment of the United States Constitution and Article I, 21 of the North Dakota Constitution.
2. Section 32-12.2-04(1), N.D.C.C., also constitutes a violation of the due process clauses of the Fourteenth Amendment of the United States Constitution and Article I, 12, of the North Dakota Constitution.
|Add Docket 20000302 RSS|
|1||11/06/2000 PETITION for Supervisory Writ|
|2||11/06/2000 PETITIONER BRIEF|
|3||11/06/2000 PETITIONER APPENDIX|
|4||11/06/2000 DISK - Petition (Identified as ATB in J:Briefs00 folder)|
|5||11/20/2000 RECORD & SUPPLEMENTAL IN CIVIL NO. 00-C-194 (Guardian and Protective Services v. State)|
|6||12/07/2000 RESPONDENT BRIEF (Guardian and Protective Services)|
|7||12/07/2000 RESPONDENT'S APPENDIX (Guardian and Protective Services)|
|8||12/07/2000 DISK - RPB (identified as AEB in J:Briefs00)|
|9||12/27/2000 Corrected cover pages for Petitioner's Brief in Support of Petition for Supervisory Writ, Appendix,|
|10||12/27/2000 and Petitioner's Reply Brief in Support of Petition (RE: Corrected title)|
|11||12/27/2000 Affidavit of Service by Mail showing service of Petition for Supevisory Writ, Petitioner's Brief,|
|12||12/27/2000 Appendix, & Reply Brief on Judge Paulson dated 12-22-00|
|13||12/27/2000 MOTION FOR EXTENSION OF LENGTH OF REPLY BRIEF|
|14||12/27/2000 ACTION BY CHIEF JUSTICE (Extended length of RYB to 3500 words). Granted|
|15||12/27/2000 Petitioner's Reply Brief in Support of Petition for Supervisory Writ|
|16||12/27/2000 DISK - RYB|
|17||01/16/2001 APPEARANCES: Jean R. Mullen, Douglas A. Bahr; Timothy Q. Purdon|
|18||01/16/2001 ARGUED: Mullen; Purdon (Vol. X; page 103)|
|19||01/16/2001 ORAL ARGUMENT WEBCAST|
|20||05/01/2001 DISPOSITION: PETITION/WRIT DENIED|
|21||05/01/2001 UNANIMOUS OPINION: Kapsner, Carol Ronning|
|22||05/01/2001 Costs on appeal taxed in favor of respondent Guardian and Protective Services, Inc.|
|23||05/02/2001 Order/Judgment Mailed to Parties|
|25||05/31/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|26||07/10/2007 EXPUNGED - Nonpermanent record items destroyed|