Interest of R.W.S.

20060167 In the Interest of R.W.S. aka R.B.H., Child
------------
Tyrone Turner, Petitioner and Appellee
v.
R.W.S., aka R.B.H., Child, Respondent and Appellant
and
L.V., Mother, Respondent

Appeal from: Juvenile Court, South Central Judicial District, Burleigh County
Judge Bruce B. Haskell
Nature of Action: Juvenile Law (Criminal)
Counsel:
Appellant: Legal Services of ND
Appellee: Tyrone Jay Turner , Asst. State's Attorney
Term: 10/2006   Argument: 10/10/2006  Waived
ND cite: 2007 ND 37
NW cite: 728 N.W.2d 326


Issues: Appellant's Statement of the Issues:
I. Whether Juvenile Referee Robert A. Freed erred when he refused to remove the restraints of a child at an hearing.
II. Whether Juvenile Referee Robert A. Freed erred when he denied a child the ability to assist in his defense by refusing to remove restraints at an hearing.
III. Whether an in-court identification by a witness of a child in restraints was so biased that it denied the child a fair hearing.
IV. Whether Juvenile Referee Robert A. Freed erred when he allowed a child to be tried in restraints so as to affront the dignity of the juvenile proceedings.

Appellee's Statement of the Issues:
I.Whether the child was deprived of his right to a fair trial because the Referee denied his request to have his handcuffs removed?
II.Whether the in court identification of the child was impermissibly suggestive, depriving him of his right to a fair trial?

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Docket entries:
106/07/2006 NOTICE OF APPEAL: 06/05/2006
206/07/2006 ----CONFIDENTIAL---
306/09/2006 ORDER FOR TRANSCRIPT: 06/05/2006
406/09/2006 RETENTION OF RECORD ON APPEAL: 07/25/2006
506/23/2006 TRANSCRIPT DATED MARCH 8, 2006
606/23/2006 DISK - TRA 3-8-06 (E-MAILED)
706/30/2006 TRANSCRIPTS DATED March 20, 2006, and April 18, 2006
806/30/2006 DISK of tras dtd 3-20-06 & 4-18-06
907/06/2006 RECORD ON APPEAL, w/exception of Entry No. 4--Court Reporter Notes)
1007/28/2006 APPELLANT BRIEF
1107/28/2006 APPELLANT APPENDIX
1208/02/2006 DISK - atb
1308/30/2006 APPELLEE BRIEF
1409/07/2006 Corrected cover page, Table of Cases, & pages 6, 8, 9, & 11 for AEB
1509/07/2006 DISK - aeb (e-mailed)
1609/11/2006 REPLY BRIEF of Appellant
1709/11/2006 DISK of RYB
1809/18/2006 S.CT. DETERMINED ORAL ARGUMENT NOT NECESSARY
1910/04/2006 ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V.
2010/05/2006 SITTING WITH THE COURT: Clapp, Sonja
2110/04/2006 Letter dated October 3, 2006, from Bradley Peterson with Broward County Orders attached
2210/06/2006 Letter dated October 5, 2006, from Bradley Peterson regarding clarification of submission of the
2310/06/2006 Broward County Orders as additional legal authority under N.D.R.App.P. 28(K)
2410/10/2006 APPEARANCES: waived under NDRAppP 34(a)(2) and submitted on the records and briefs filed
2510/10/2006 ARGUED: waived under NDRAppP 34(a)(2) and submitted on the records and briefs filed
2603/05/2007 DISPOSITION: AFFIRMED
2703/05/2007 UNANIMOUS OPINION: Maring, Mary Muehlen
2803/05/2007 Judgment Mailed to Parties
2903/28/2007 MANDATE
3004/04/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 04/23/2014