Interest of K.H.

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)
Counsel:
Appellant: Susan Schmidt
Appellee: Justin Jon Schwarz , Asst. State's Attorney
Term: 06/2006   Argument: 06/12/2006  2:45pm
ND cite: 2006 ND 156
NW cite: 718 N.W.2d 575

Listen to recording of oral argument in MP3 format

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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Docket entries:
109/07/2005 NOTICE OF APPEAL: 09/02/2005
209/07/2005 ORDER FOR TRANSCRIPT: 09/02/2005
309/07/2005 THIS IS A CONFIDENTIAL CASE
409/12/2005 Acknowledged receipt of OTR & RETENTION OF RECORD ON APPEAL: 10/22/2005
509/27/2005 Copy of Suspension of Preparation of Transcripts (Sharon Fox)
609/30/2005 MOTION FOR TEMPORARY REMAND TO HOLD RESTITUTION HEARING AND TO OBTAIN APPOINTED COUNSEL
709/30/2005 ACTION BY CHIEF JUSTICE (motion for temporary remand). Granted
809/30/2005 ORDER OF REMAND
909/30/2005 Temporarily remanded for the purpose of considering the pending issue of restitution
1009/30/2005 Briefing Schedule is stayed pending the order for remand
1112/20/2005 RECORD ON APPEAL (Not rec'd: #4,17,29,35,&52--Court Reporter Notes)
1201/05/2006 SUPPLEMENTAL CLERK'S CERT. DATED 1-03-06 (Entry Nos. 60-65, which incl. Amended NOA & Amended OTR)
1301/05/2006 Amended Notice of Appeal (filed in trial ct. 1-03-06)
1401/05/2006 Amended Request for Transcript: 01/03/2006
1501/23/2006 Transcripts dated 5-26-05; 7-11-05; & 11-14-05 (3 volumes) and Key
1601/23/2006 DISK - TRA (5/26/05; 7/11/05; & 11-14-05) (e-mailed)
1702/22/2006 TRANSCRIPT DATED August 3, 2005
1802/22/2006 DISK - tra (8-3-05)
1903/30/2006 MOT. EXT/TIME APPELLANT BRIEF (faxed)
2003/30/2006 ACTION BY CHIEF DEPUTY CLERK (MAT). Granted: 04/07/2006
2103/30/2006 E-FILED MOTION (MAT)
2204/07/2006 APPELLANT BRIEF
2304/07/2006 APPELLANT APPENDIX
2404/07/2006 DISK - ATB (emailed)
2505/05/2006 APPELLEE BRIEF
2605/05/2006 APPELLEE APPENDIX
2705/05/2006 DISK (e-mailed) - AEB
2805/25/2006 MOTION FOR WAIVER OF ORAL ARGUMENT ON BEHALF OF APPELLANT (Letter form)
2905/25/2006 ACTION BY SUPREME COURT (Request to waive OA on behalf of Appellant). Denied
3006/12/2006 APPEARANCES: Susan Schmidt; Justin J. Schwarz
3106/12/2006 ARGUED: Schmidt; Schwarz
3206/12/2006 ORAL ARGUMENT WEBCAST
3307/18/2006 DISPOSITION: AFFIRMED
3407/18/2006 UNANIMOUS OPINION: Kapsner, Carol Ronning
3507/19/2006 Order/Judgment Mailed to Parties
3608/09/2006 MANDATE
3708/14/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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