Wagner v. Miskin

20020200 John Wagner, Plaintiff and Appellee
v.
Glenda Miskin, Defendant and Appellant

Appeal from: District Court, Northeast Central Judicial District, Grand Forks County
Judge Bruce E. Bohlman
Nature of Action: Torts (Negligence, Liab., Nuis.)
Counsel:
Appellant: Pro se
Appellee: Pro se
Appellant: Pro se
Term: 02/2003   Argument: 02/13/2003  1:30pm
ND cite: 2003 ND 69
NW cite: 660 N.W.2d 593

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1. Appellant Glenda Miskin moves to appeal Appellee John Wagner's Judgment and Award of damages for libel, slander and interference with business relations also solely arising on the grounds that they are barred absolutely by US Constitutional privileges or a lack of State jurisdiction over Internet publication from outside the State, especially when not particularly and exclusively directed toward the State, or so overwhelmingly defective as to be incurably and conclusively barred by similar qualified privileges.
2. Appellant responding to Appellee's Judgement essentially alleging that Appellant defamed him, puts this decision in the context of her defense of an administrative quasi-judicial disciplinary action brought at Appellee's behest before an admitted State of North Dakota agency, the University of North Dakota, where she was a student, and other factors entitling her to absolute privileges, which make the issues of malice or lying irrelevant, and qualified privileges, which under the circumstances effectively preclude Appellee from prevailing.
3. Appellant, responding to Appellee's Judgment essentially alleging that Appellant slandered him, puts this decision in the context of a confidential and privileged report to a licensed Counselor:
4. That the jury acted in error. All damages awarded are exemplary and not compensory and Appellant moves that all damages be set aside as the Motion for Exemplary Damages that Appellee submitted was denied by the Court as it was legally defective and untimely and because no actual evidence of damage was submitted into evidence and the entire $3 million damage award was based upon "feelings";
4.That the District Court in Grand Forks ND, lacked jurisdiction to proceed with the charge of libel, slander and intentional interference with business relations in the context of a quasi-judicial hearing and a confidential privileged report to a therapist and that the ensuing District Court bench trial was contrary to and in violation of the Constitution of the United States and the Constitution of the State of North Dakota. The District Court was without Jurisdiction, clearly erroneous, and amounted to an abuse of discretion by the Trial Court.
5. That Appellant who is a pro se who provided representation to Appellant, did not meet the standard of providing effective assistance of counsel.

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Docket entries:
108/01/2002 NOTICE OF APPEAL: 07/30/2002
208/06/2002 Letter dated 8-05-02 from William E. McKechnie informing us that he has not been retained by John
308/06/2002 Wagner to handle the appeal
408/01/2002 MOTION TO WAIVE FEES FOR TRIAL TRANSCRIPTS
508/05/2002 Amended Notice of Filing of the Notice of Appeal
608/09/2002 Petition In Forma Pauperis to Waive Filing Fee (faxed copy)
708/14/2002 ACTION BY SUPREME COURT (Mot/Waive/Fees/Trans). Denied
808/14/2002 ACTION BY SUPREME COURT (Pet/In Forma Pauperis). Granted
908/14/2002 Order Mailed to Parties
1008/21/2002 Copies of William McKechnie's Motion to Withdraw as Counsel, Affidavit in Support venued in G.F.Co)
1108/27/2002 RECORD ON APPEAL (4 Vols.); exhibits; orig. partial transcript dated 1-28-02
1209/07/2002 APPELLANT BRIEF (There is no page number 40)
1309/09/2002 MOTION FOR DEFERRING OF APPENDIX OF APPELLANT BRIEF
1409/09/2002 ACTION BY CLERK. Granted: 09/23/2002
1509/23/2002 MOTION FOR EXTENSION OF TIME TO FILE THE CORRECTIONS
1609/24/2002 ACTION BY CHIEF JUSTICE - EXTENSION GRANTED
1709/26/2002 APPELLANT APPENDIX
1810/03/2002 8 copies of corrected title pages and TOA for ATB
1910/04/2002 DISK - ATB (e-mailed)
2010/09/2002 Title page for ATA
2110/09/2002 MOT. EXT/TIME APPELLEE BRIEF (sua sponte)
2210/09/2002 ACTION BY CLERK (sua sponte). Granted: 11/18/2002
2310/28/2002 Copy of Sheriff's Return of Service for ATB; Mr. Wagner served personally on October 17, 2002
2411/18/2002 REQ. EXT/TIME APPELLEE BRIEF
2511/18/2002 ACTION BY CLERK. Granted: 12/02/2002
2612/03/2002 REQ.EXT/TIME/AEB
2712/03/2002 ACTION BY CLERK. Granted: 12/09/2002
2812/09/2002 APPELLEE BRIEF (Entitled "Notice of Motion to Dismiss" and attachments)
2912/19/2002 Appellee's Brief, entitled "Notice of Motion to Dismiss," "Motion to Dismiss" and Brief in Support
3012/19/2002 of Motion to Dismiss, with attachments
3112/19/2002 Letter from John Wagner dated December 18, 2002 advising that the Motion to Dismiss & Brief in
3212/19/2002 Support serve as the Appellee's Brief
3312/19/2002 DISK (AEB) (e-mailed)
3412/30/2002 Original Notice of Request for 3 day extension of time dated 9-23-02
3512/30/2002 MOT. EXT/TIME REPLY BRIEF
3612/30/2002 ACTION BY CHIEF DEPUTY CLERK. Granted: 01/02/2003
3712/30/2002 REPLY BRIEF (TITLED "MOTION IN RESPONSE TO APPELLEE'S MOTION TO DISMISS) WITH EXHIBITS
3812/31/2002 MOTION TO STRIKE POST-TRIAL EVIDENCE FILED BY APPELLANT
3912/31/2002 DISK - RYB (Scanned per CMB)
4001/09/2003 Corrected signature page of Motion to Strike Post-Trial Evidence
4101/14/2003 "Notice of Request for a 7-day extension to file Response to Motion to Strike Post-Trial Evidence"
4201/14/2003 ACTION BY CLERK. Granted: 01/20/2003
4302/13/2003 NO SEPARATE ACTION TAKEN ON MOTION TO STRIKE POST-TRIAL EVIDENCE
4402/13/2003 APPEARANCES: Glenda Miskin; John L. Wagner
4502/13/2003 ARGUED: Miskin; Wagner (Vol. Y; Page 87)
4602/13/2003 ORAL ARGUMENT WEBCAST
4705/06/2003 DISPOSITION: AFFIRMED
4805/06/2003 UNANIMOUS OPINION: VandeWalle, Gerald W.
4905/06/2003 Costs on appeal taxed in favor of appellee
5005/07/2003 Judgment Mailed to Parties
5105/20/2003 PETITION FOR REHEARING
5205/20/2003 E-FILED PETITION FOR REHEARING
5306/02/2003 MOTION FOR SUPPLEMENT TO PETITION FOR REHEARING
5406/02/2003 E-FILED MOTION
5506/02/2003 ACTION BY CHIEF JUSTICE. Granted
5606/03/2003 ACTION BY SUPREME COURT (PER). Denied
5706/11/2003 MANDATE
5811/24/2003 Notice from U.S. Supreme Court that Petition for Writ of Certiorari has been filed on September 2,
5911/24/2003 2003, and placed on the November 19, 2003 docket as No. 03-7513
6001/26/2004 Letter dated 1-20-04 from William K. Suter, Clerk of U.S. Supreme Court informing us the
6101/26/2004 petition for writ of certiorari is denied
6206/16/2003 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
6308/11/2008 EXPUNGED - Nonpermanent record items destroyed

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