City of Grand Forks v. Riemers
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| 20070379 |
City of Grand Forks, Plaintiff and Appellee
v.
Roland C. Riemers, Defendant and Appellant
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| Appeal from: |
District Court,
Northeast Central Judicial District,
Grand Forks County
Judge Debbie Gordon Kleven |
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Nature of Action: |
Misc. Traffic Violation
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| Counsel: |
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| Term: |
06/2008 Argument: 06/09/2008 10:00am
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| ND cite: |
2008 ND 153
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| NW cite: |
755 N.W.2d 99
Listen to recording of oral argument
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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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| 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 |
| 31 | | 09/22/2008 | |
MANDATE |
| 32 | | 09/29/2008 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |