City of Grand Forks v. Riemers
City of Grand Forks, Plaintiff and Appellee
Roland C. Riemers, Defendant and Appellant
Northeast Central Judicial District,
Grand Forks County
Judge Debbie Gordon Kleven
|Nature of Action:||Misc. Traffic Violation|
|Term:||06/2008  Argument: 06/09/2008|
|ND cite:||2008 ND 153|
755 N.W.2d 99
Listen to recording of oral argument in MP3 format
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?
|Add Docket 20070379 RSS|
|1||12/27/2007 NOTICE OF APPEAL: 12/21/2007|
|2||12/27/2007 ORDER FOR TRANSCRIPT: 12/21/2007|
|3||01/07/2008 AMENDED NOTICE OF FILING NOTICE OF APPEAL DATED 1/3/08.|
|4||01/22/2008 RECORD ON APPEAL|
|5||01/22/2008 Reset due date for Appellant's Brief as there is no transcript|
|6||01/22/2008 ACTION BY CLERK (reset due date for ATB as there is no transcript). Granted: 02/21/2008|
|7||02/01/2008 Supplemental Clerk's Certificate dated 1-28-08 (Entry No. 15)(Not rec'd: #14--"Filed Mailed to|
|8||02/01/2008 Supreme Court")|
|9||02/11/2008 Response to request from Court why this case should not be dismissed under N.D.C.C. 39-06.1-03|
|10||02/11/2008 MOT. EXT/TIME APPELLANT BRIEF|
|11||02/11/2008 ACTION BY CLERK (MAT). Granted: 03/24/2008|
|12||02/11/2008 E-FILED MOTION (MAT) (by facsimile)|
|13||03/03/2008 Second Supplemental Clerk's Certificate dated 2-28-08 (Entry No. 16)|
|14||03/24/2008 APPELLANT BRIEF|
|15||03/24/2008 DISK - ATB (e-mailed)|
|16||03/24/2008 APPELLANT APPENDIX|
|17||03/25/2008 Affidavit of Service by Mail of ATB|
|18||03/31/2008 Copies of the Notice of Appeal and Register of Actions for the ATA|
|19||04/18/2008 MOT. EXT/TIME APPELLEE BRIEF (faxed)|
|20||04/18/2008 ACTION BY CLERK (MAE). Granted: 05/12/2008|
|21||05/12/2008 APPELLEE BRIEF (e-filed)|
|22||05/12/2008 E-FILED BRIEF (AEB)|
|23||05/14/2008 Received $25 surcharge for AEB (Receipt #18103)|
|24||05/15/2008 Copies of Appellee's Brief received from Central Duplicating Services|
|25||06/09/2008 APPEARANCES: Roland C. Riemers; Kristen S. Pettit|
|26||06/09/2008 ARGUED: Riemers; Pettit|
|27||06/09/2008 ORAL ARGUMENT WEBCAST|
|28||08/28/2008 DISPOSITION: DISMISSED|
|29||08/28/2008 UNANIMOUS OPINION: Kapsner, Carol Ronning|
|30||08/29/2008 Judgment Mailed to Parties|
|32||09/29/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|