Interest of B.J.K.

20050025 In the Interest of B.J.K., a child.

Thomas H. Falck, Jr.,
Assistant State's Attorney, Petitioner and Appellee
v.
T.L., (Mother),
Grand Forks County Social
Service Center (Custodian), Respondents
and
R.K., (Father), Respondent and Appellant

Appeal from: Juvenile Court, Northeast Central Judicial District, Grand Forks County
Judge Bruce E. Bohlman
Nature of Action: Termination/Parental Rights
Counsel:
Appellant: DeWayne Alan Johnston
Appellee: Carmell Faye Mattison , Asst. State's Attorney
Term: 06/2005   Argument: 06/20/2005  10:45am
ND cite: 2005 ND 138
NW cite: 701 N.W.2d 924

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Issues: Appellant's Statement of the Issues:
I. Whether the District Court erred in determining that there was clear and convincing evidence that the conditions and causes of deprivation are likely to continue.
II. Whether the District Court erred in determining there was clear and convincing evidence that the child will probably suffer serious physical, mental, moral, or emotional harm.

Appellee's Statement of the Issues:
There was clear and convincing evidence that the conditions and causes of deprivation were likely to continue and that Bobby would suffer future physical, mental, moral or emotional harm.

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Docket entries:
101/26/2005 NOTICE OF APPEAL: 01/21/2005
201/26/2005 ORDER FOR TRANSCRIPT: 01/21/2005
301/26/2005 Acknowledgement of Order for Transcript
401/26/2005 RETENTION OF RECORD ON APPEAL: 03/12/2005
503/02/2005 TRANSCRIPT DATED December 1 & 7, 2004 (2 vols.)
603/02/2005 DISK - tra (12/1/04 & 12/7/04)
703/07/2005 RECORD ON APPEAL & Deposition (1) NOT REC'D: #7(shorthand notes) & 17, 29, & 30 (steno notes)
803/08/2005 Referred by Clerk's Office--Appealability (Notice of Appeal not timely filed). RspDue: 03/18/2005
903/18/2005 Response Filed (Letter from DeWayne Johnston explaining late filed NOA)
1003/18/2005 NO ACTION TAKEN (MCL)
1103/18/2005 MOTION FOR Extension of Time to File the Notice of Appeal (letter dated March 18, 2005)
1203/18/2005 E-FILED MOTION (for extension of time to file notice of appeal)
1303/18/2005 ACTION BY CHIEF JUSTICE (Extension of time to file notice of appeal granted). Granted
1404/11/2005 APPELLANT BRIEF
1504/11/2005 E-FILED BRIEF (ATB)
1604/11/2005 APPELLANT APPENDIX
1704/11/2005 E-FILED APPENDIX (Appellant)
1804/22/2005 Received $25 surcharge - receipt #16156
1904/27/2005 Copies of Appellant's Brief from Central Duplicating
2005/10/2005 APPELLEE BRIEF
2105/10/2005 E-FILED BRIEF - AEB
2205/11/2005 Received $25 surcharge - Receipt 16172
2305/11/2005 APPELLEE APPENDIX
2405/16/2005 Copies of AEB received from Central Duplicating
2506/08/2005 Consent by Peter Welte for Meredith Larson to appear under the Rule on the Limited Practice of Law
2606/08/2005 by Law Students
2706/20/2005 APPEARANCES: DeWayne A. Johnston; Meredith Larson, 3rd yr. law student and Carmell F. Mattison,
2806/20/2005 Asst. State's Attorney
2906/20/2005 ARGUED: Johnston; Larson(Vol. Z; Page 135)
3006/20/2005 ORAL ARGUMENT WEBCAST
3107/25/2005 DISPOSITION: AFFIRMED
3207/25/2005 UNANIMOUS OPINION: Sandstrom, Dale V.
3307/26/2005 Judgment Mailed to Parties
3408/17/2005 MANDATE
3508/22/2005 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3608/02/2012 EXPUNGED - Nonpermanent record items destroyed

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