Interest of H.K.
------------------
Bradley Cruff, Barnes County
States Attorney, Petitioner and Appellee
v.
H.K., child, D.K., mother,
and W.K., father, Respondents and Appellants
Judge John T. Paulson
| Appellant: | Russell John Myhre | |
| Appellee: | Lee Michael Grossman , Asst. State's Attorney |
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[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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