City of Grand Forks v. Riemers

20070379 City of Grand Forks, Plaintiff and Appellee
v.
Roland C. Riemers, Defendant and Appellant

Appeal from: District Court, Northeast Central Judicial District, Grand Forks County
Judge Debbie Gordon Kleven
Nature of Action: Misc. Traffic Violation
Counsel:
Appellee: Kristi Pettit Venhuizen , City Prosecutor
Appellant: Pro se
Term: 06/2008   Argument: 06/09/2008  10:00am
ND cite: 2008 ND 153
NW cite: 755 N.W.2d 99

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Issues: Appellant's Statement of the Issues:
I. Did the district court err not requiring a jury trial?
II. Did the district court err by requiring a $15 hearing fee?
III. Did the district court err and deny procedural due process by not having a record made of the hearing?
IV. Did the district court err by accepting 6 hours of radar training in 13 years as adequate?
V. Did the district court err by not finding the radar unit was not properly maintained and repaired?

Appellee's Statement of the Issues:
A. Whether the Defendant's argument demanding a jury trial is moot as a result of this court's recent decision in Sauby v. City of Fargo?
B. Whether the Defendant was denied his constitutional right to a jury trial?
1. There is no constitutional right to a jury trial for a non-criminal traffic offense.
2. The Defendant did not properly request a jury trial.
C. Whether the district court erred by assessing a fifteen dollar ($15.00) hearing fee against the Defendant?
1. The hearing fee requirement is not unconstitutional.
2. This issue is moot due to changes in the city code.
D. Whether the district court erred by not making a record on appeal?
E. Whether the Defendant's guilt was established by preponderance of the evidence?

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Docket entries:
112/27/2007 NOTICE OF APPEAL: 12/21/2007
212/27/2007 ORDER FOR TRANSCRIPT: 12/21/2007
301/07/2008 AMENDED NOTICE OF FILING NOTICE OF APPEAL DATED 1/3/08.
401/22/2008 RECORD ON APPEAL
501/22/2008 Reset due date for Appellant's Brief as there is no transcript
601/22/2008 ACTION BY CLERK (reset due date for ATB as there is no transcript). Granted: 02/21/2008
702/01/2008 Supplemental Clerk's Certificate dated 1-28-08 (Entry No. 15)(Not rec'd: #14--"Filed Mailed to
802/01/2008 Supreme Court")
902/11/2008 Response to request from Court why this case should not be dismissed under N.D.C.C.  39-06.1-03
1002/11/2008 MOT. EXT/TIME APPELLANT BRIEF
1102/11/2008 ACTION BY CLERK (MAT). Granted: 03/24/2008
1202/11/2008 E-FILED MOTION (MAT) (by facsimile)
1303/03/2008 Second Supplemental Clerk's Certificate dated 2-28-08 (Entry No. 16)
1403/24/2008 APPELLANT BRIEF
1503/24/2008 DISK - ATB (e-mailed)
1603/24/2008 APPELLANT APPENDIX
1703/25/2008 Affidavit of Service by Mail of ATB
1803/31/2008 Copies of the Notice of Appeal and Register of Actions for the ATA
1904/18/2008 MOT. EXT/TIME APPELLEE BRIEF (faxed)
2004/18/2008 ACTION BY CLERK (MAE). Granted: 05/12/2008
2105/12/2008 APPELLEE BRIEF (e-filed)
2205/12/2008 E-FILED BRIEF (AEB)
2305/14/2008 Received $25 surcharge for AEB (Receipt #18103)
2405/15/2008 Copies of Appellee's Brief received from Central Duplicating Services
2506/09/2008 APPEARANCES: Roland C. Riemers; Kristen S. Pettit
2606/09/2008 ARGUED: Riemers; Pettit
2706/09/2008 ORAL ARGUMENT WEBCAST
2808/28/2008 DISPOSITION: DISMISSED
2908/28/2008 UNANIMOUS OPINION: Kapsner, Carol Ronning
3008/29/2008 Judgment Mailed to Parties
3109/22/2008 MANDATE
3209/29/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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