Tibbetts v. Dornheim
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| 20030267 |
James E. Tibbetts, Jr., Plaintiff and Appellee
v.
Marybeth Dornheim formerly
known as Marybeth Dornheim
Tibbetts, Defendant and Appellant
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| Appeal from: |
District Court,
Northeast Central Judicial District,
Grand Forks County
Judge Karen Kosanda Braaten |
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Nature of Action: |
Child Cust & Support (Div.\other)
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| Counsel: |
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| Term: |
04/2004 Argument: 04/26/2004 02:45pm
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| ND cite: |
2004 ND 129
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| NW cite: |
681 N.W.2d 798
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
The following errors of law constitute the basis for the appeal:
1. The court unconstitutionally interfered with a fit custodial parents' right to make decisions for herself and her children;
2. The court unconstitutionally interfered with this families' right to privacy;
3. The court failed to apply presumptions regarding domestic violence as required by North Dakota law;
4. The court failed to grant hearings on motions to modify the divorce judgment as required by North Dakota law;
5. The court violated the mother's constitutional rights to free speech and due process by finding her partially to blame for the father's abuse because she;
a) applied to the courts for relief;
b) exercised her rights to appeal and grieve intitutional decisions;
c) changed attorneys;
d) "allowed" her 17 year old son to come to court to testify;
1. The court violated the mother and childrens' right to due process by refusing to hear the testimony of relevant witnesses;
2. The court made decisions and issued dictum without substantive evidence; and
3. The court made decisions based all or in part by unarticulated judicially noticed "facts" and then refused to make those "facts" available to the Supreme Court on this appeal or to the parties.
Appellee's Statement of the Issues:
1. The Court did not interfere with either of these parties' constitutional rights to make decisions regarding themselves or their children.
2. The Court did not interfere with anyone's right to privacy.
3. The Court correctly applied all laws, including presumptions in our statutes regarding domestic violence
4. The Court allowed all hearings on Motions filed by either party.
5. The Court did not violate anyone's due process or free speech rights afforded under the Constitution of the United States and the State of North Dakota.
6. The Court did not violate anyone's rights as they relate to the presentation of evidence and witnesses.
7. The Court's decisions were based upon the evidence presented and were substantiated by the evidence presented.
8. The Court's decision was based upon admissible evidence and facts, and the entire record is available to this Court on appeal.
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 Add Docket 20030267 RSS
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| 1 | | 09/15/2003 | |
NOTICE OF APPEAL: 09/12/2003 |
| 2 | | 09/15/2003 | |
Motion to Appear Pro Hac Vice & Aff/Support (Steven Kraft) (See G.F. Co. Clerk's Certificate |
| 3 | | 09/15/2003 | |
Nos. 338 & 339) |
| 4 | | 09/15/2003 | |
ACTION BY CLERK. granted |
| 5 | | 09/25/2003 | |
ORDER FOR TRANSCRIPT: 09/22/2003 |
| 6 | | 09/26/2003 | |
Request for advance payment for copies of the transcript (Nancy Krogstad) |
| 7 | | 09/30/2003 | |
Acknowledgement of Order for Transcript (Audrey Timberman) |
| 8 | | 10/08/2003 | |
MOTION TO WITHDRAW & AFFIDAVIT IN SUPPORT (PATRICK R. MORLEY) |
| 9 | | 10/14/2003 | |
Affirmation in Opposition to Motion to Withdraw by Steve Kraft |
| 10 | | 10/16/2003 | |
Joinder to Plaintiff's Opposition to Motion to Withdraw filed by Patti Jensen AE Counsel |
| 11 | | 10/21/2003 | |
TRANSCRIPTS DATED March 17, 2003 & October 17, 2001 |
| 12 | | 10/23/2003 | |
DISK - TRAs Mar. 17, 2003 & Oct. 17, 2001 |
| 13 | | 10/29/2003 | |
Ltr from Melissa Schmalenberger stating she has been released as guardian ad litem in this case. |
| 14 | | 11/10/2003 | |
Letter from Steven Kraft that withdrawal issue has been resolved |
| 15 | | 11/10/2003 | |
TRANSCRIPT DATED June 7, 2003 |
| 16 | | 11/13/2003 | |
DISK - TRA of June 7, 2003 |
| 17 | | 11/13/2003 | |
RECORD ON APPEAL (4 vols.), Transcripts (4), & Exhibits. (NOT REC'D: #231--Letter dated 1-3-03 from |
| 18 | | 11/13/2003 | |
Becky Dorheim along w/ attachments, which clerk indicates she was unable to locate, |
| 19 | | 11/13/2003 | |
and 287--shorthand notes) |
| 20 | | 11/13/2003 | |
Letter from Pat Morley that withdrawal issue has been resolved |
| 21 | | 11/14/2003 | |
NO ACTION TAKEN (Motion to Withdraw) |
| 22 | | 11/17/2003 | |
Supplemental Clerk's Certificate dated 11-14-03 (Entry Nos. 355 & 356) |
| 23 | | 11/21/2003 | |
Pursuant to Judge Kleeven's Order dated 11/13/03, the Orig & 2 cc of tra dtd 10-17-03,were returned |
| 24 | | 11/21/2003 | |
to Grand Forks Clerk's Office |
| 25 | | 12/17/2003 | |
MOTION TO CONSOLIDATE APPEAL w/20030266 (see Notice of Motion, etc. in 20030266) |
| 26 | | 12/17/2003 | |
ACTION BY CHIEF JUSTICE (Motion to Consolidate). Denied |
| 27 | | 12/17/2003 | |
MOT. EXT/TIME APPELLANT BRIEF (see Notice of Motion, etc., in 20030266) |
| 28 | | 12/17/2003 | |
ACTION BY CHIEF JUSTICE (MAT). Granted: 01/30/2004 |
| 29 | | 12/17/2003 | |
MOTION TO FORWARD ADDITIONAL DISTRICT CT. FILES TO THIS COURT (see Notice of Mot. etc. in 20030266) |
| 30 | | 12/17/2003 | |
NO ACTION TAKEN |
| 31 | | 01/21/2004 | |
Supplemental Clerk's Certificate dated 1-16-04 (Entry Nos. 357-359 and 148 (Orig & 2 copies of |
| 32 | | 01/21/2004 | |
transcript dated 10-17-01) |
| 33 | | 01/28/2004 | |
MOT. EXT/TIME APPELLANT BRIEF (Part of document titled Notice of Renewal of Motion) |
| 34 | | 01/28/2004 | |
ACTION BY CHIEF JUSTICE. Granted: 02/13/2004 |
| 35 | | 01/30/2004 | |
Addendum to Motion |
| 36 | | 01/30/2004 | |
NO ACTION TAKEN |
| 37 | | 02/04/2004 | |
Supplemental Clerk's Certificate dated 2-2-04 (Entry Nos. 360 & 361) |
| 38 | | 02/10/2004 | |
MOTION TO DEFER FILING OF APPENDIX |
| 39 | | 02/10/2004 | |
ACTION BY CHIEF JUSTICE (MOT/deferred appendix). Granted |
| 40 | | 02/11/2004 | |
APPELLANT BRIEF |
| 41 | | 02/19/2004 | |
Corrected cover page for ATB received and replaced |
| 42 | | 03/01/2004 | |
Corrected Table of Authorities for ATB |
| 43 | | 03/01/2004 | |
Signature page for ATB |
| 44 | | 03/11/2004 | |
Corrected page 6 for ATB |
| 45 | | 03/11/2004 | |
DISK - atb |
| 46 | | 03/15/2004 | |
APPELLEE BRIEF |
| 47 | | 03/16/2004 | |
Letter dated 3-15-04 from Patrick Morley requesting that he be excused from oral argument |
| 48 | | 03/17/2004 | |
ACTION BY CHIEF JUSTICE (request by Mr. Morley to be excused from O.A.). Granted |
| 49 | | 03/17/2004 | |
DISK - AEB |
| 50 | | 03/29/2004 | |
APPELLANT APPENDIX |
| 51 | | 04/01/2004 | |
Copies (7) of Appellant appendix received |
| 52 | | 04/05/2004 | |
Received Appellant's Reply Brief - not filed because not in compliance with Rules (overlength) |
| 53 | | 04/21/2004 | |
Notice of Motion & Motion for Permission to File a RYB That Exceeds the Length |
| 54 | | 04/21/2004 | |
Est. by Rule or in the Alternative to Consider Points One & Two of Said Brief Which Points Fit |
| 55 | | 04/21/2004 | |
Within the Length Established by Rule |
| 56 | | 04/21/2004 | |
NO ACTION TAKEN |
| 57 | | 04/26/2004 | |
APPEARANCES: Steven Kraft; Ronald I. Galstad |
| 58 | | 04/26/2004 | |
ARGUED: Kraft; Galstad (Vol. Y; Page 232) |
| 59 | | 04/26/2004 | |
ORAL ARGUMENT WEBCAST |
| 60 | | 06/30/2004 | |
DISPOSITION: AFFIRMED |
| 61 | | 06/30/2004 | |
UNANIMOUS OPINION: Neumann, William A. |
| 62 | | 06/30/2004 | |
Costs on appeal taxed in favor of appellee |
| 63 | | 07/01/2004 | |
Judgment Mailed to Parties |
| 64 | | 07/26/2004 | |
MANDATE |
| 65 | | 07/30/2004 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 66 | | 11/24/2010 | |
EXPUNGED - Nonpermanent record items destroyed |