Interest of B.F.

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

Appeal from: Juvenile Court, East Central Judicial District, Cass County
Judge Georgia Dawson
Nature of Action: Juvenile Law (Criminal)
Counsel:
Appellant: Renata June Olafson Selzer , Asst. State's Attorney
Appellee: Vogel Law Firm
Appellant: Reid Alan Brady , Asst. State's Attorney
Term: 11/2008   Argument: 11/17/2008  9:30am
ND cite: 2009 ND 53
NW cite: 764 N.W.2d 170

Listen to recording of oral argument in MP3 format

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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Docket entries:
106/18/2008 NOTICE OF APPEAL: 06/16/2008
206/18/2008 ORDER FOR TRANSCRIPT: 06/17/2008
306/18/2008 ----CONFIDENTIAL------
406/18/2008 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
506/24/2008 TRANSCRIPT DATED FEBRUARY 29, 2008 (ORIGINAL FILED W/ROA).
606/25/2008 DISK-TRA (ELECTRONIC)
706/25/2008 CERTIFICATE OF SERVICE OF COPIES OF TRANSCRIPTS.
806/30/2008 Motion to Dismiss Appeal and for Costs and Fees; Brief & Appendix in Support; Affidavit of Service. RspDue: 07/11/2008
907/02/2008 Record on Appeal (3 volumes) and separates (entry nos. 53, 54, 57, 76, & 102).
1007/01/2008 Not rec'd w/ROA were entry nos. 4, 9, 15, 17, 25, 29, 67, & 103 (court reporter tapes)
1107/08/2008 Supplemental Clerk's Certificate dated 7-7-08 (Entry Nos. 110-112)
1207/11/2008 State's Response to Motion to Dismiss Appeal & Motion for Costs & Fees
1307/11/2008 E-FILED MOTION (State's Response to Mot to Dismiss)
1407/14/2008 Appendix to State's Response to Motion to Dismiss Appeal (faxed)
1507/16/2008 ACTION BY SUPREME COURT (Mot/Dismiss; Mot/Costs & Fees). Denied
1607/16/2008 Order Denying Motion to Dismiss & Motion for Costs Mailed to Parties
1708/04/2008 APPELLANT BRIEF (e-filed)
1808/04/2008 E-FILED BRIEF (ATB)
1908/04/2008 APPELLANT APPENDIX (faxed)
2008/04/2008 E-FILED APPENDIX (ATA) (faxed)
2108/07/2008 Received $25 surcharge for ATB (Receipt #18207)
2208/13/2008 Received 7 copies of ATB from Central Duplicating
2308/13/2008 Received 6 copies of ATA from Central Duplicating
2408/14/2008 Clerk's 2nd Supplemental Certficate of Record dated August 13, 2008 (Entry Nos. 114-116).
2508/28/2008 MOT. EXT/TIME APPELLEE BRIEF
2608/28/2008 ACTION BY CLERK. Granted: 09/23/2008
2709/22/2008 APPELLEE BRIEF
2809/23/2008 DISK - AEB
2910/21/2008 SITTING WITH THE COURT: Wefald, Robert O.
3011/17/2008 APPEARANCES: Reid A. Brady, Asst. State's Atty. & Renata J. Olfson Selzer; Bruce D. Quick
3111/17/2008 ARGUED: Brady; Quick
3211/17/2008 ORAL ARGUMENT WEBCAST
3304/06/2009 DISPOSITION: DISMISSED
3404/06/2009 UNANIMOUS OPINION: Crothers, Daniel John
3504/06/2009 Request for double costs and attorney fees under N.D.R.App.P. 38 is denied.
3604/07/2009 Judgment E-Mailed to Parties
3704/30/2009 MANDATE
3805/04/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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