Interest of K.H.
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| 20050305 |
Interest of K.H., a child
------------------
Justin Schwarz, Petitioner and Appellee
v.
K.H., Child; Respondent and Appellant
and
K.H., Mother; and K.H., Father, Respondents
|
| Appeal from: |
Juvenile Court,
South Central Judicial District,
Burleigh County
Judge Bruce A. Romanick |
|
Nature of Action: |
Juvenile Law (Criminal)
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| Counsel: |
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| Term: |
06/2006 Argument: 06/12/2006 02:45pm
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| ND cite: |
2006 ND 156
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| NW cite: |
718 N.W.2d 575
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
1. Did Officer Fuller have a reasonable and articulable suspicion that the minor child, K.H., had violated or was violating a law justifying the stop?
2. Should the minor child's statements be suppressed after his mother asked Detective Spotts if they needed an attorney for the interview?
Appellee's Statement of the Issues:
1. Whether Officer Fuller had a reasonable and articulable suspicion to stop the vehicle driven by the Child?
2. Whether the Child was properly advised of his right to counsel prior to being interviewed?
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| 1 | | 09/07/2005 | |
NOTICE OF APPEAL: 09/02/2005 |
| 2 | | 09/07/2005 | |
ORDER FOR TRANSCRIPT: 09/02/2005 |
| 3 | | 09/07/2005 | |
THIS IS A CONFIDENTIAL CASE |
| 4 | | 09/12/2005 | |
Acknowledged receipt of OTR & RETENTION OF RECORD ON APPEAL: 10/22/2005 |
| 5 | | 09/27/2005 | |
Copy of Suspension of Preparation of Transcripts (Sharon Fox) |
| 6 | | 09/30/2005 | |
MOTION FOR TEMPORARY REMAND TO HOLD RESTITUTION HEARING AND TO OBTAIN APPOINTED COUNSEL |
| 7 | | 09/30/2005 | |
ACTION BY CHIEF JUSTICE (motion for temporary remand). Granted |
| 8 | | 09/30/2005 | |
ORDER OF REMAND |
| 9 | | 09/30/2005 | |
Temporarily remanded for the purpose of considering the pending issue of restitution |
| 10 | | 09/30/2005 | |
Briefing Schedule is stayed pending the order for remand |
| 11 | | 12/20/2005 | |
RECORD ON APPEAL (Not rec'd: #4,17,29,35,&52--Court Reporter Notes) |
| 12 | | 01/05/2006 | |
SUPPLEMENTAL CLERK'S CERT. DATED 1-03-06 (Entry Nos. 60-65, which incl. Amended NOA & Amended OTR) |
| 13 | | 01/05/2006 | |
Amended Notice of Appeal (filed in trial ct. 1-03-06) |
| 14 | | 01/05/2006 | |
Amended Request for Transcript: 01/03/2006 |
| 15 | | 01/23/2006 | |
Transcripts dated 5-26-05; 7-11-05; & 11-14-05 (3 volumes) and Key |
| 16 | | 01/23/2006 | |
DISK - TRA (5/26/05; 7/11/05; & 11-14-05) (e-mailed) |
| 17 | | 02/22/2006 | |
TRANSCRIPT DATED August 3, 2005 |
| 18 | | 02/22/2006 | |
DISK - tra (8-3-05) |
| 19 | | 03/30/2006 | |
MOT. EXT/TIME APPELLANT BRIEF (faxed) |
| 20 | | 03/30/2006 | |
ACTION BY CHIEF DEPUTY CLERK (MAT). Granted: 04/07/2006 |
| 21 | | 03/30/2006 | |
E-FILED MOTION (MAT) |
| 22 | | 04/07/2006 | |
APPELLANT BRIEF |
| 23 | | 04/07/2006 | |
APPELLANT APPENDIX |
| 24 | | 04/07/2006 | |
DISK - ATB (emailed) |
| 25 | | 05/05/2006 | |
APPELLEE BRIEF |
| 26 | | 05/05/2006 | |
APPELLEE APPENDIX |
| 27 | | 05/05/2006 | |
DISK (e-mailed) - AEB |
| 28 | | 05/25/2006 | |
MOTION FOR WAIVER OF ORAL ARGUMENT ON BEHALF OF APPELLANT (Letter form) |
| 29 | | 05/25/2006 | |
ACTION BY SUPREME COURT (Request to waive OA on behalf of Appellant). Denied |
| 30 | | 06/12/2006 | |
APPEARANCES: Susan Schmidt; Justin J. Schwarz |
| 31 | | 06/12/2006 | |
ARGUED: Schmidt; Schwarz |
| 32 | | 06/12/2006 | |
ORAL ARGUMENT WEBCAST |
| 33 | | 07/18/2006 | |
DISPOSITION: AFFIRMED |
| 34 | | 07/18/2006 | |
UNANIMOUS OPINION: Kapsner, Carol Ronning |
| 35 | | 07/19/2006 | |
Order/Judgment Mailed to Parties |
| 36 | | 08/09/2006 | |
MANDATE |
| 37 | | 08/14/2006 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |