Interest of B.F.
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| 20080140 |
In the Interest of B.F., a Child
------------------
Reid A. Brady, Petitioner and Appellant
v.
J.F., T.F., and B.F., Respondents and Appellees
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| Appeal from: |
Juvenile Court,
East Central Judicial District,
Cass County
Judge Georgia Dawson |
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Nature of Action: |
Juvenile Law (Criminal)
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| Counsel: |
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| Term: |
11/2008 Argument: 11/17/2008 09:30am
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| ND cite: |
2009 ND 53
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| NW cite: |
764 N.W.2d 170
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
Whether the district court judge erred, in reviewing the referee's legal conclusion relating to negligence, by failing to consider all of the established attendant circumstances and focusing solely on the speed at which B.F. was driving and the
obstructed nature of the intersection.
Appellee's Statement of the Issues:
I. Whether the State may appeal from an acquittal.
II. Whether the district court's findings are clearly erroneous.
III. Whether the district court's legal conclusions are supported by the record.
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| 1 | | 06/18/2008 | |
NOTICE OF APPEAL: 06/16/2008 |
| 2 | | 06/18/2008 | |
ORDER FOR TRANSCRIPT: 06/17/2008 |
| 3 | | 06/18/2008 | |
----CONFIDENTIAL------ |
| 4 | | 06/18/2008 | |
ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning |
| 5 | | 06/24/2008 | |
TRANSCRIPT DATED FEBRUARY 29, 2008 (ORIGINAL FILED W/ROA). |
| 6 | | 06/25/2008 | |
DISK-TRA (ELECTRONIC) |
| 7 | | 06/25/2008 | |
CERTIFICATE OF SERVICE OF COPIES OF TRANSCRIPTS. |
| 8 | | 06/30/2008 | |
Motion to Dismiss Appeal and for Costs and Fees; Brief & Appendix in Support; Affidavit of Service. RspDue: 07/11/2008 |
| 9 | | 07/02/2008 | |
Record on Appeal (3 volumes) and separates (entry nos. 53, 54, 57, 76, & 102). |
| 10 | | 07/01/2008 | |
Not rec'd w/ROA were entry nos. 4, 9, 15, 17, 25, 29, 67, & 103 (court reporter tapes) |
| 11 | | 07/08/2008 | |
Supplemental Clerk's Certificate dated 7-7-08 (Entry Nos. 110-112) |
| 12 | | 07/11/2008 | |
State's Response to Motion to Dismiss Appeal & Motion for Costs & Fees |
| 13 | | 07/11/2008 | |
E-FILED MOTION (State's Response to Mot to Dismiss) |
| 14 | | 07/14/2008 | |
Appendix to State's Response to Motion to Dismiss Appeal (faxed) |
| 15 | | 07/16/2008 | |
ACTION BY SUPREME COURT (Mot/Dismiss; Mot/Costs & Fees). Denied |
| 16 | | 07/16/2008 | |
Order Denying Motion to Dismiss & Motion for Costs Mailed to Parties |
| 17 | | 08/04/2008 | |
APPELLANT BRIEF (e-filed) |
| 18 | | 08/04/2008 | |
E-FILED BRIEF (ATB) |
| 19 | | 08/04/2008 | |
APPELLANT APPENDIX (faxed) |
| 20 | | 08/04/2008 | |
E-FILED APPENDIX (ATA) (faxed) |
| 21 | | 08/07/2008 | |
Received $25 surcharge for ATB (Receipt #18207) |
| 22 | | 08/13/2008 | |
Received 7 copies of ATB from Central Duplicating |
| 23 | | 08/13/2008 | |
Received 6 copies of ATA from Central Duplicating |
| 24 | | 08/14/2008 | |
Clerk's 2nd Supplemental Certficate of Record dated August 13, 2008 (Entry Nos. 114-116). |
| 25 | | 08/28/2008 | |
MOT. EXT/TIME APPELLEE BRIEF |
| 26 | | 08/28/2008 | |
ACTION BY CLERK. Granted: 09/23/2008 |
| 27 | | 09/22/2008 | |
APPELLEE BRIEF |
| 28 | | 09/23/2008 | |
DISK - AEB |
| 29 | | 10/21/2008 | |
SITTING WITH THE COURT: Wefald, Robert O. |
| 30 | | 11/17/2008 | |
APPEARANCES: Reid A. Brady, Asst. State's Atty. & Renata J. Olfson Selzer; Bruce D. Quick |
| 31 | | 11/17/2008 | |
ARGUED: Brady; Quick |
| 32 | | 11/17/2008 | |
ORAL ARGUMENT WEBCAST |
| 33 | | 04/06/2009 | |
DISPOSITION: DISMISSED |
| 34 | | 04/06/2009 | |
UNANIMOUS OPINION: Crothers, Daniel John |
| 35 | | 04/06/2009 | |
Request for double costs and attorney fees under N.D.R.App.P. 38 is denied. |
| 36 | | 04/07/2009 | |
Judgment E-Mailed to Parties |
| 37 | | 04/30/2009 | |
MANDATE |
| 38 | | 05/04/2009 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |