State v. Paulson

20000302 State of North Dakota, Petitioner
v.
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)
Counsel:
Respondent: John T. Paulson
Respondent: Dickson Law Office
Petitioner: Jean R. Mullen , Att. General Office
Term: 01/2001   Argument: 01/16/2001  2:45pm
ND cite: 2001 ND 82
NW cite: 625 N.W.2d 528

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Issues: 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.

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Docket entries:
111/06/2000 PETITION for Supervisory Writ
211/06/2000 PETITIONER BRIEF
311/06/2000 PETITIONER APPENDIX
411/06/2000 DISK - Petition (Identified as ATB in J:Briefs00 folder)
511/20/2000 RECORD & SUPPLEMENTAL IN CIVIL NO. 00-C-194 (Guardian and Protective Services v. State)
612/07/2000 RESPONDENT BRIEF (Guardian and Protective Services)
712/07/2000 RESPONDENT'S APPENDIX (Guardian and Protective Services)
812/07/2000 DISK - RPB (identified as AEB in J:Briefs00)
912/27/2000 Corrected cover pages for Petitioner's Brief in Support of Petition for Supervisory Writ, Appendix,
1012/27/2000 and Petitioner's Reply Brief in Support of Petition (RE: Corrected title)
1112/27/2000 Affidavit of Service by Mail showing service of Petition for Supevisory Writ, Petitioner's Brief,
1212/27/2000 Appendix, & Reply Brief on Judge Paulson dated 12-22-00
1312/27/2000 MOTION FOR EXTENSION OF LENGTH OF REPLY BRIEF
1412/27/2000 ACTION BY CHIEF JUSTICE (Extended length of RYB to 3500 words). Granted
1512/27/2000 Petitioner's Reply Brief in Support of Petition for Supervisory Writ
1612/27/2000 DISK - RYB
1701/16/2001 APPEARANCES: Jean R. Mullen, Douglas A. Bahr; Timothy Q. Purdon
1801/16/2001 ARGUED: Mullen; Purdon (Vol. X; page 103)
1901/16/2001 ORAL ARGUMENT WEBCAST
2005/01/2001 DISPOSITION: PETITION/WRIT DENIED
2105/01/2001 UNANIMOUS OPINION: Kapsner, Carol Ronning
2205/01/2001 Costs on appeal taxed in favor of respondent Guardian and Protective Services, Inc.
2305/02/2001 Order/Judgment Mailed to Parties
2405/29/2001 MANDATE
2505/31/2001 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2607/10/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 04/24/2014