Interest of H.K.

20090149 In the Interest of H.K., a Child
------------------
Bradley Cruff, Barnes County
States Attorney, Petitioner and Appellee
v.
H.K., child, D.K., mother,
and W.K., father, Respondents and Appellants

Appeal from: Juvenile Court, Southeast Judicial District, Barnes County
Judge John T. Paulson
Nature of Action: Juvenile Law
Counsel:
Appellant: Russell John Myhre
Appellee: Lee Michael Grossman , Asst. State's Attorney
Term: 10/2009   Argument: 10/28/2009  9:10am
ND cite: 2010 ND 27
NW cite: 778 N.W.2d 764

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
[1] Whether the trial court erred in denying the Defendant's Motion to Dismiss a juvenile petition which alleged that the juvenile had committed the criminal violation of disorderly conduct, on the grounds that the State had failed to allege in its Petition a cause of action against the Respondent in that it only alleged that the Respondent had used the word "nigger" to commit the offense and failed to allege the requisite elements of Section 12.1-31-01?
[2] Whether the trial court abused its discretion in denying the Respondent's Motion to Dismiss in that the act for which the Respondent was found to be a delinquent child by committing disorderly conduct, specifically calling another person a "nigger", which constituted protected speech under the First Amendment to the United States Constitution, Section 4, North Dakota Constitution, and Section 12-1-31-01(2), NDCC.
[3] Whether the trial court abused its discretion in finding there was sufficient evidence to sustain a conviction of disorderly conduct, a violation of Section 12.1-31-01, North Dakota Century Code.

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Docket entries:
105/13/2009 NOTICE OF APPEAL: 05/11/2009
205/13/2009 ORDER FOR TRANSCRIPT: 05/13/2009
305/13/2009 -----------CONFIDENTIAL-----------
406/10/2009 RECORD ON APPEAL
506/10/2009 TRANSCRIPTS DATED April 27, 2009, May 4, 2009 & C.O.S.
606/10/2009 DISK-TRA (4/27/09 & 5/4/09).
707/20/2009 APPELLANT BRIEF (E-filed)
807/20/2009 E-FILED BRIEF (ATB)
907/20/2009 APPELLANT APPENDIX (e-filed)
1007/20/2009 E-FILED APPENDIX (ATA)
1107/21/2009 Received $25 surcharge for ATB (Receipt #18936)
1207/23/2009 Received 7 copies of ATB from CSD
1307/23/2009 Received 6 copies of ATA from CSD
1408/19/2009 APPELLEE BRIEF (e-filed)
1508/19/2009 E-FILED BRIEF (AEB)
1609/03/2009 Received $25 surcharge for AEB (Receipt #18989).
1709/10/2009 Received 7 copies of AEB from Central Duplicating.
1809/24/2009 SUPPLEMENTAL CLERK'S CERTIFICATE DATED SEPTEMBER 23, 2009 (ENTRIES 19 & 20)
1910/28/2009 APPEARANCES: Russell Myhre/Lee Grossman, Asst. State's Attorney
2010/28/2009 ARGUED: Myhre/Grossman
2102/17/2010 DISPOSITION: AFFIRMED
2202/17/2010 UNANIMOUS OPINION: Kapsner, Carol Ronning
2302/19/2010 Judgment Sent to Parties
2403/19/2010 MANDATE
2503/23/2010 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 12/22/2014