Interest of R.W.S.
In the Interest of R.W.S. aka R.B.H., Child
Tyrone Turner, Petitioner and Appellee
R.W.S., aka R.B.H., Child, Respondent and Appellant
L.V., Mother, Respondent
South Central Judicial District,
Judge Bruce B. Haskell
|Nature of Action:||Juvenile Law (Criminal)|
|Term:||10/2006  Argument: 10/10/2006|
|ND cite:||2007 ND 37|
728 N.W.2d 326
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|
|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|
|30||04/04/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|31||10/12/2016 EXPUNGED - Nonpermanent record items destroyed|