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: |
|
| Term: |
10/2006 Argument: 10/10/2006 04:00pm
|
| 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?
|
|
 Add Docket 20060167 RSS
|
| 1 | | 06/07/2006 | |
NOTICE OF APPEAL: 06/05/2006 |
| 2 | | 06/07/2006 | |
----CONFIDENTIAL--- |
| 3 | | 06/09/2006 | |
ORDER FOR TRANSCRIPT: 06/05/2006 |
| 4 | | 06/09/2006 | |
RETENTION OF RECORD ON APPEAL: 07/25/2006 |
| 5 | | 06/23/2006 | |
TRANSCRIPT DATED MARCH 8, 2006 |
| 6 | | 06/23/2006 | |
DISK - TRA 3-8-06 (E-MAILED) |
| 7 | | 06/30/2006 | |
TRANSCRIPTS DATED March 20, 2006, and April 18, 2006 |
| 8 | | 06/30/2006 | |
DISK of tras dtd 3-20-06 & 4-18-06 |
| 9 | | 07/06/2006 | |
RECORD ON APPEAL, w/exception of Entry No. 4--Court Reporter Notes) |
| 10 | | 07/28/2006 | |
APPELLANT BRIEF |
| 11 | | 07/28/2006 | |
APPELLANT APPENDIX |
| 12 | | 08/02/2006 | |
DISK - atb |
| 13 | | 08/30/2006 | |
APPELLEE BRIEF |
| 14 | | 09/07/2006 | |
Corrected cover page, Table of Cases, & pages 6, 8, 9, & 11 for AEB |
| 15 | | 09/07/2006 | |
DISK - aeb (e-mailed) |
| 16 | | 09/11/2006 | |
REPLY BRIEF of Appellant |
| 17 | | 09/11/2006 | |
DISK of RYB |
| 18 | | 09/18/2006 | |
S.CT. DETERMINED ORAL ARGUMENT NOT NECESSARY |
| 19 | | 10/04/2006 | |
ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V. |
| 20 | | 10/05/2006 | |
SITTING WITH THE COURT: Clapp, Sonja |
| 21 | | 10/04/2006 | |
Letter dated October 3, 2006, from Bradley Peterson with Broward County Orders attached |
| 22 | | 10/06/2006 | |
Letter dated October 5, 2006, from Bradley Peterson regarding clarification of submission of the |
| 23 | | 10/06/2006 | |
Broward County Orders as additional legal authority under N.D.R.App.P. 28(K) |
| 24 | | 10/10/2006 | |
APPEARANCES: waived under NDRAppP 34(a)(2) and submitted on the records and briefs filed |
| 25 | | 10/10/2006 | |
ARGUED: waived under NDRAppP 34(a)(2) and submitted on the records and briefs filed |
| 26 | | 03/05/2007 | |
DISPOSITION: AFFIRMED |
| 27 | | 03/05/2007 | |
UNANIMOUS OPINION: Maring, Mary Muehlen |
| 28 | | 03/05/2007 | |
Judgment Mailed to Parties |
| 29 | | 03/28/2007 | |
MANDATE |
| 30 | | 04/04/2007 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |