Linser v. Office of Attorney General

20030184 Jay Linser, Appellee
v.
Office of Attorney General,
Department of Human Services,
and Stutsman County Social
Services, Appellants

Appeal from: District Court, Southeast Judicial District, Stutsman County
Judge John E. Greenwood
Nature of Action: Administrative Proceeding
Counsel:
Appellant: Jean R. Mullen , Att. General Office
Appellee: Ohnstad Twichell, P.C.
Term: 11/2003   Argument: 11/06/2003  10:45am
ND cite: 2003 ND 195
NW cite: 672 N.W.2d 643

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
Whether the Final Order of the Department of Human Services finding that the assets in the Jay Linser Special Needs Trust are available to Jay Linser because he has failed to show that he cannot make those assets available is supported by the facts and the law.

Appellee's Statement of the Issues:
Whether the District Court correctly determined that funds in the JAY LINSER SPECIAL NEEDS TRUST were not "actually available," reversing a decision by the Department of Human Services denying Jay Linser Medicaid and medical assistance benefits.

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Docket entries:
106/30/2003 NOTICE OF APPEAL: 06/27/2003
207/09/2003 Faxed letter from Bill Peterson of Human Services RE: No filing fee is required
307/10/2003 Original letter from Bill Peterson dated 7-9-03 (Same as faxed letter filed 7-9-03)
407/22/2003 RECORD ON APPEAL & Certificate of Record from Department of Human Services
507/22/2003 DISK - TRA (3-14-02--Administrative Hearing;part of Cert/Record )
608/05/2003 APPELLANT BRIEF
708/05/2003 APPELLANT APPENDIX
808/12/2003 Corrected covers for ATB & ATA
908/12/2003 DISK - ATB (e-mailed)
1008/29/2003 APPELLEE BRIEF
1108/29/2003 DISK (e-mailed) - AEB
1209/11/2003 REPLY BRIEF
1309/11/2003 DISK - RYB (e-mailed)
1411/06/2003 APPEARANCES: Jean R. Mullen and Steven E. McCullough
1511/06/2003 ARGUED: Mullen; McCullough (Vol. Y; Page 163)
1611/06/2003 ORAL ARGUMENT WEBCAST
1712/19/2003 DISPOSITION: REVERSED
1812/19/2003 UNANIMOUS OPINION: Maring, Mary Muehlen
1912/19/2003 Costs on appeal taxed in favor of Appellants
2012/23/2003 Judgment Mailed to Parties
2101/12/2004 MANDATE
2201/14/2010 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2310/27/2010 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 12/22/2014