Interest of J.K.
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| 20080180 |
In the Interest of J.K., a child
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Eugene Molbert, Petitioner and Appellee
v.
J.K., a child,
C.M., his mother, Respondents and Appellants
and
D.K., his father, Respondent
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| Appeal from: |
Juvenile Court,
Southwest Judicial District,
Adams County
Judge Allan L. Schmalenberger |
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Nature of Action: |
Juvenile Law (Criminal)
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| Counsel: |
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| Term: |
01/2009 Argument: 01/06/2009 09:30am
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| ND cite: |
2009 ND 46
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| NW cite: |
763 N.W.2d 507
Listen to recording of oral argument
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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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| 1 | | 07/24/2008 | |
NOTICE OF APPEAL: 07/22/2008 |
| 2 | | 07/24/2008 | |
ORDER FOR TRANSCRIPT: 07/22/2008 |
| 3 | | 07/28/2008 | |
Application for Stay of Execution of Juvenile Findings, with attachments |
| 4 | | 07/30/2008 | |
ACTION BY SUPREME COURT (Application for Stay of Execution of Juvenile Findings). Denied |
| 5 | | 08/21/2008 | |
RETENTION OF RECORD ON APPEAL: 09/10/2008 |
| 6 | | 09/10/2008 | |
TRANSCRIPTS DATED JULY 2, 2008 |
| 7 | | 09/10/2008 | |
DISK - TRA 7-2-08 |
| 8 | | 09/18/2008 | |
RECORD ON APPEAL & SEPARATES (ENTRY NOS. 54, 67, & 68). |
| 9 | | 09/24/2008 | |
SUPPLEMENTAL CLERK'S CERTIFICATE OF RECORD (ENTRY NO. 94). |
| 10 | | 10/16/2008 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 11 | | 10/16/2008 | |
ACTION BY CLERK. Granted: 11/11/2008 |
| 12 | | 11/05/2008 | |
APPELLANT APPENDIX |
| 13 | | 11/06/2008 | |
APPELLANT BRIEF (e-filed) |
| 14 | | 11/06/2008 | |
E-FILED BRIEF (ATB) |
| 15 | | 11/10/2008 | |
Received $25 e-filing surcharge for ATB. (Receipt #18610). |
| 16 | | 11/11/2008 | |
Received Affidavit of Service by electronic mail of ATB |
| 17 | | 11/12/2008 | |
Received copies of ATB from Central Duplicating |
| 18 | | 11/13/2008 | |
Received 8 copies each of docket sheet & NOA for ATA. |
| 19 | | 12/05/2008 | |
MOT. EXT/TIME APPELLEE BRIEF (faxed) |
| 20 | | 12/05/2008 | |
E-FILED MOTION (MAE) Faxed |
| 21 | | 12/05/2008 | |
ACTION BY CLERK (MAE) with understanding OA is scheduled for January.. Granted: 12/19/2008 |
| 22 | | 12/19/2008 | |
APPELLEE BRIEF (e-filed) |
| 23 | | 12/19/2008 | |
E-FILED BRIEF (AEB) |
| 24 | | 12/22/2008 | |
Received $25 surcharge for AEB (Receipt #18656). |
| 25 | | 12/29/2008 | |
Received 7 copies of AEB from Central Duplicating |
| 26 | | 01/06/2009 | |
APPEARANCES: Robert A. Keogh; T. L. Secrest, State's Attorney |
| 27 | | 01/06/2009 | |
ARGUED: Keogh; Secrest |
| 28 | | 01/06/2009 | |
ORAL ARGUMENT WEBCAST |
| 29 | | 04/02/2009 | |
DISPOSITION: AFFIRMED |
| 30 | | 04/02/2009 | |
UNANIMOUS OPINION: Crothers, Daniel John |
| 31 | | 04/06/2009 | |
Judgment E-Mailed & faxed to Parties |
| 32 | | 04/22/2009 | |
MANDATE |
| 33 | | 04/29/2009 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |