Interest of T.T.

20030266 In the Interest of T.T., a child
------------------------
Nancy D. Yon, Assistant
State's Attorney, Petitioner and Appellee
v.
J.T. (Father), Respondent and Appellee
------------------------
M.B. "B." D. (Mother), Respondent and Appellant

Appeal from: Juvenile Court, Northeast Central Judicial District, Grand Forks County
Judge Karen Kosanda Braaten
Nature of Action: Juvenile Law
Counsel:
Appellant: Lawyer not licensed in N.D.
Appellant: Morley Law Firm, Ltd.
Appellee: Galstad, Jensen & McCann, P.A.
Appellee: Dale Richard Rivard , Asst. State's Attorney
Term: 04/2004   Argument: 04/26/2004  1:30pm
ND cite: 2004 ND 138
NW cite: 681 N.W.2d 779

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Issues: Appellant's Statement of the Issues:
1. Was clear and convincing evidence presented to establish deprivation by the respondent/mother/custodial parent?
2. Even if there was evidence of deprivation was there sufficient evidence to the contrary so that the State failed to meet its burden of clear and convincing?
3. Did the Court make significant errors of law which affected the outcome of the case and which violated the constitutional rights of the mother and child.

Appellee's Statement of the Issues:
I. Whether the District Court was correct when it found that the minor child was deprived.
II. Whether there were significant errors of law which affected the outcome of the case and violated the constitutional rights of the mother and child.

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Docket entries:
109/15/2003 NOTICE OF APPEAL: 09/12/2003
209/15/2003 MOTION TO APPEAR PRO HAC VICE & AFF/SUPPORT (STEVEN KRAFT) (see G. F. Co. Clerk's Certificate
309/15/2003 Nos. 118 & 119)
409/15/2003 ACTION BY CLERK. granted
509/25/2003 ORDER FOR TRANSCRIPT: 09/22/2003
609/30/2003 RETENTION OF RECORD ON APPEAL: 11/11/2003
709/30/2003 Letter from Dale R. Rivard dated 9-29-03 RE: He will be handling appeal rather than Nancy Yon
810/08/2003 MOTION TO WITHDRAW & Affidavit in Support (Patrick R. Morley)
910/08/2003 Brief in Opposition to Motion to Withdraw filed by Dale Rivard
1010/08/2003 E-FILED BRIEF IN OPPOSITION TO MOTION TO WITHDRAW FILED BY MR RIVARD
1110/13/2003 Original Brief in Opposition to Motion to Withdraw (same as e-filed brief on 10-8-02)
1210/14/2003 Affirmation in Opposition to Motion to Withdraw by Steve Kraft (filed in 20030267(
1310/15/2003 Joinder to Plaintiff's Opposition to Motion to Withdraw filed by Patti J. Jensen
1410/29/2003 Ltr from Melissa Schmalenberger stating she has been released as guardian ad litem
1511/10/2003 Letter from Steven Kraft that withdrawal issue has been resolved
1611/10/2003 TRANSCRIPTS DATED June 18, 2003, June 20, 2003, July 8, 2003,(3 Vol) and August 11, 2003,
1711/12/2003 DISK - TRAs of June 18, 2003, July 8, 2003, & August 11, 2003
1811/13/2003 Letter from Pat Morley that withdrawal issue has been resolved
1911/14/2003 NO ACTION TAKEN (Motion to Withdraw)
2011/13/2003 RECORD ON APPEAL (2 vols), Exhibits (include a transcript, 2 depositions, 4 video tapes) and
2111/13/2003 Transcripts (2). Not rec'd: 21,25,55,72,74,104,&150 (shorthand notes)
2211/14/2003 Supplemental Clerk's Certificate dated 11-13-03 (Entry No. 154)
2311/17/2003 DISK - Tra of June 20, 2003
2411/24/2003 Supplemental Clerk's Certificate dated November 21, 2003, with entries 155-156 attached
2511/28/2003 Supplemental Clerk's Certificate dated 11-24-03 (Entry Nos. 157-162)
2612/03/2003 Supplemental Clerk's Certificate dated 12-1-03 (Entry No. 163)
2712/11/2003 Faxed letter from Melissa Schmalenberger w/attached Order Allowing Access to Records & files
2812/12/2003 Supplemental Clerk's Certificate dated 12-11-03 (Entry No. 164)
2912/17/2003 MOTION TO CONSOLIDATE APPEAL w/20030267 (see Notice of Motion, etc.)
3012/17/2003 ACTION BY CHIEF JUSTICE (Motion to Consolidate). Denied
3112/17/2003 MOT. EXT/TIME APPELLANT BRIEF (see Notice of Motion, etc.)
3212/17/2003 ACTION BY CHIEF JUSTICE (MAT). Granted: 01/30/2004
3312/17/2003 MOTION TO FORWARD ADDITIONAL DISTRICT CT. FILES TO THIS COURT (see Notice of Motion, etc.)
3412/17/2003 NO ACTION TAKEN. Denied
3512/19/2003 Supplemental Clerk's Certificate dated 12-16-03 (Entry Nos. 165 & 166)
3601/28/2004 APPELLANT APPENDIX
3702/05/2004 Supplemental Clerk's Certificate dated 2-3-04 (Entry No. 167)
3802/06/2004 APPELLANT BRIEF
3902/10/2004 DISK - ATB
4002/10/2004 Corrected pages for Appellant's Appendix
4102/12/2004 Supplemental Clerk's Certificate dated 2-10-04 (Entry Nos. 168 & 169)
4202/12/2004 Supplemental Clerk's Certificate dated 2-10-04 (Entry Nos. 170 & 171)
4302/19/2004 Corrected cover page for Appellant Brief - replaced
4403/04/2004 APPELLEE BRIEF (Nancy Yon)
4503/04/2004 APPELLEE APPENDIX (Nancy Yon)
4603/04/2004 APPELLEE BRIEF (J.T.)
4703/10/2004 Corrected Title Page, Page 5 and Page 14 for AEB (Nancy Yon)
4803/10/2004 DISK - AEB (Yon)
4903/11/2004 Corrected TOA & pages 24, 26, & 38 for AEB(J.T.)
5003/11/2004 DISK - AEB (J.T.)
5104/21/2004 Letter dated 4-21-04 from Patrick Morley requesting that he be excused from oral argument
5204/21/2004 ACTION BY CLERK (request by Mr. Morley to be excused from OA). Granted
5304/26/2004 APPEARANCES: Steven Kraft; Dale R. Rivard; Ronald I. Galstad
5404/26/2004 ARGUED: Kraft; Rivard (Vol. Y; Page 232)
5504/26/2004 ORAL ARGUMENT WEBCAST
5605/07/2004 Supplemental Clerk's Certificate (Entry Nos. 172-257 - 2 vols,includes transcript dated 10-17-03)
5705/07/2004 Not rec'd was Entry No. 245 - Steno Notes Entry No. 245 - Steno Notes
5806/30/2004 DISPOSITION: AFFIRMED
5906/30/2004 UNANIMOUS OPINION: Sandstrom, Dale V.
6007/01/2004 Judgment Mailed to Parties
6107/23/2004 MANDATE
6207/30/2004 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
6311/24/2010 EXPUNGED - Nonpermanent record items destroyed

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