State v. Bornhoeft
|
| 20090067 |
State of North Dakota, Plaintiff and Appellee
v.
Faron Bornhoeft, Defendant and Appellant
|
| Appeal from: |
District Court,
South Central Judicial District,
McLean County
Judge Sonna M. Anderson |
|
Nature of Action: |
Misc. Statutory Off. (Misdemeanor)
|
| Counsel: |
|
| Term: |
06/2009 Argument: 06/08/2009 02:45pm
|
| ND cite: |
2009 ND 138
|
| NW cite: |
770 N.W.2d 270
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
|
|
|
| Issues: |
Appellant's Statement of the Issues:
Whether holding Faron Bornhoeft to stand for a charge of disorderly conduct impinges on his first amendment rights to free speech when only a peace officer who voluntarily enters the situation hears the words?
Appellee's Statement of the Issues:
Whether the defendant's screaming and yelling in a residential area at 1:15 a.m. was unreasonable noise in violation of the disorderly conduct statute?
|
|
 Add Docket 20090067 RSS
|
| 1 | | 02/24/2009 | |
NOTICE OF APPEAL: 02/23/2009 |
| 2 | | 03/24/2009 | |
RECORD ON APPEAL |
| 3 | | 03/27/2009 | |
APPELLANT BRIEF (e-filed) |
| 4 | | 03/27/2009 | |
E-FILED BRIEF (ATB) |
| 5 | | 03/27/2009 | |
APPELLANT APPENDIX (e-filed) |
| 6 | | 03/27/2009 | |
E-FILED APPENDIX (ATA) |
| 7 | | 04/02/2009 | |
Received 7 copies of ATB from Central Duplicating |
| 8 | | 04/02/2009 | |
Received 6 copies of ATA from Central Duplicating |
| 9 | | 04/03/2009 | |
MOTION FOR Remand. RspDue: 04/14/2009 |
| 10 | | 04/08/2009 | |
Reply to Appellee's Motion for Remand |
| 11 | | 04/08/2009 | |
EFILED RESPONSE |
| 12 | | 04/15/2009 | |
ACTION BY SUPREME COURT. Denied: 04/15/2009 |
| 13 | | 04/23/2009 | |
IDB has been processed for the Appellant's Brief (Journal ID #755978) |
| 14 | | 04/24/2009 | |
APPELLEE BRIEF |
| 15 | | 04/24/2009 | |
DISK - AEB |
| 16 | | 04/30/2009 | |
Request to waive oral argument on behalf of the Appellee |
| 17 | | 04/30/2009 | |
E-FILED MOTION (Request to waive oral argument on behalf of Appellee) |
| 18 | | 05/11/2009 | |
Request to waive oral argument on behalf of the Appellant |
| 19 | | 05/11/2009 | |
E-FILED MOTION (Request to waive oral argument on behalf of the Appellant) |
| 20 | | 05/13/2009 | |
Rec'd Supp. Clerk's Certificate of Record dated May 12, 2009 (entry nos. 19 & 20) |
| 21 | | 05/27/2009 | |
ACTION BY SUPREME COURT (denied request to waive oral argument on behalf of the Appellant). Denied |
| 22 | | 05/27/2009 | |
ACTION BY SUPREME COURT (denied request to waive oral argument on behalf of the Appellee). Denied |
| 23 | | 06/08/2009 | |
APPEARANCES: Todd A. Schwarz/Ladd R. Erickson, State's Attorney |
| 24 | | 06/08/2009 | |
ARGUED: Schwarz/Erickson |
| 25 | | 06/08/2009 | |
ORAL ARGUMENT WEBCAST |
| 26 | | 07/21/2009 | |
DISPOSITION: AFFIRMED |
| 27 | | 07/21/2009 | |
UNANIMOUS OPINION: Sandstrom, Dale V. |
| 28 | | 07/22/2009 | |
Judgment E-Mailed to Parties |
| 29 | | 08/13/2009 | |
MANDATE |
| 30 | | 08/19/2009 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |