Interest of J.K.

20080180 In the Interest of J.K., a child
------------------
Eugene Molbert, Petitioner and Appellee
v.
J.K., a child,
C.M., his mother, Respondents and Appellants
and
D.K., his father, Respondent

Appeal from: Juvenile Court, Southwest Judicial District, Adams County
Judge Allan L. Schmalenberger
Nature of Action: Juvenile Law (Criminal)
Counsel:
Appellant: Keogh Law Office
Appellee: T L. Secrest , State's Attorney
Term: 01/2009   Argument: 01/06/2009  9:30am
ND cite: 2009 ND 46
NW cite: 763 N.W.2d 507

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Issues: Appellant's Statement of the Issues:
1.Whether the Petitioner proved beyond a reasonable doubt that the juvenile committed the delinquent acts as alleged.
2.Whether the evidence supported the finding of the trial court that the juvenile had, beyond reasonable doubt, committed a delinquent act.
3.Whether the trial court erred in determining that the juvenile was in need of rehabilitation as a delinquent child.
4.Whether the Court erred in its Juvenile Findings of Fact, Conclusions of Law and Order for Disposition in failing to state that the juvenile had been found to have committed the alleged delinquent act "beyond a reasonable doubt".

Appellee's Statement of the Issues:
1.Whether the Petitioner proved beyond a reasonable doubt that the juvenile committed the delinquent acts as alleged.
2.Whether the evidence supported the finding of the trial court that the juvenile had, beyond reasonable doubt, committed a delinquent act.
3.Whether the trial court erred in determining that the juvenile was in need of rehabilitation as a delinquent child.
4.Whether the Court erred in its Juvenile Findings of Fact, Conclusions of Law and Order for Disposition in failing to state that the juvenile had been found to have committed the alleged delinquent act Abeyond a reasonable doubt.

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Docket entries:
107/24/2008 NOTICE OF APPEAL: 07/22/2008
207/24/2008 ORDER FOR TRANSCRIPT: 07/22/2008
307/28/2008 Application for Stay of Execution of Juvenile Findings, with attachments
407/30/2008 ACTION BY SUPREME COURT (Application for Stay of Execution of Juvenile Findings). Denied
508/21/2008 RETENTION OF RECORD ON APPEAL: 09/10/2008
609/10/2008 TRANSCRIPTS DATED JULY 2, 2008
709/10/2008 DISK - TRA 7-2-08
809/18/2008 RECORD ON APPEAL & SEPARATES (ENTRY NOS. 54, 67, & 68).
909/24/2008 SUPPLEMENTAL CLERK'S CERTIFICATE OF RECORD (ENTRY NO. 94).
1010/16/2008 MOT. EXT/TIME APPELLANT BRIEF
1110/16/2008 ACTION BY CLERK. Granted: 11/11/2008
1211/05/2008 APPELLANT APPENDIX
1311/06/2008 APPELLANT BRIEF (e-filed)
1411/06/2008 E-FILED BRIEF (ATB)
1511/10/2008 Received $25 e-filing surcharge for ATB. (Receipt #18610).
1611/11/2008 Received Affidavit of Service by electronic mail of ATB
1711/12/2008 Received copies of ATB from Central Duplicating
1811/13/2008 Received 8 copies each of docket sheet & NOA for ATA.
1912/05/2008 MOT. EXT/TIME APPELLEE BRIEF (faxed)
2012/05/2008 E-FILED MOTION (MAE) Faxed
2112/05/2008 ACTION BY CLERK (MAE) with understanding OA is scheduled for January.. Granted: 12/19/2008
2212/19/2008 APPELLEE BRIEF (e-filed)
2312/19/2008 E-FILED BRIEF (AEB)
2412/22/2008 Received $25 surcharge for AEB (Receipt #18656).
2512/29/2008 Received 7 copies of AEB from Central Duplicating
2601/06/2009 APPEARANCES: Robert A. Keogh; T. L. Secrest, State's Attorney
2701/06/2009 ARGUED: Keogh; Secrest
2801/06/2009 ORAL ARGUMENT WEBCAST
2904/02/2009 DISPOSITION: AFFIRMED
3004/02/2009 UNANIMOUS OPINION: Crothers, Daniel John
3104/06/2009 Judgment E-Mailed & faxed to Parties
3204/22/2009 MANDATE
3304/29/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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