Interest of A.R.
In the Interest of A.R., a Child
Bradley Cruff, Barnes Co.
State's Attorney, Petitioner and Appellee
A.R., minor child,
C.R., mother, and
S.R., father, Respondents and Appellants
Southeast Judicial District,
Judge John T. Paulson
|Nature of Action:||Juvenile Law (Criminal)|
|Term:||12/2009  Argument: 12/21/2009 2:45pm|
|ND cite:||2010 ND 84|
781 N.W.2d 644
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
 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 "stupid nigger" to commit the offense and failed to allege the requisite elements of Section 12.1-31-01?
 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 "stupid 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.
 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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|1||07/07/2009||NOTICE OF APPEAL: 07/06/2009|
|2||07/07/2009||ORDER FOR TRANSCRIPT: 07/06/2009|
|3||08/05/2009||RECORD ON APPEAL|
|4||08/13/2009||TRANSCRIPTS DATED 4-27-09 & 5-4-09 (2 vols) & C.O.S.|
|5||08/13/2009||DISK - tra (4-27-09 & 5-4-09) (e-mailed)|
|6||09/29/2009||MOT. EXT/TIME APPELLANT BRIEF|
|7||09/29/2009||E-FILED MOTION - MAT|
|8||09/29/2009||ACTION BY CLERK (MAT). Granted: 10/02/2009|
|9||09/29/2009||APPELLANT BRIEF (e-filed)|
|10||09/29/2009||E-FILED BRIEF (ATB)|
|11||09/29/2009||APPELLANT APPENDIX (e-filed)|
|12||09/29/2009||E-FILED APPENDIX (ATA)|
|13||09/30/2009||Received $25 surcharge for ATB (Receipt #19016)|
|14||10/29/2009||APPELLEE BRIEF (e-filed)|
|15||10/29/2009||E-FILED BRIEF (AEB)|
|16||11/06/2009||Received $25 surcharge for AEB (Receipt #19223)|
|17||11/10/2009||Received 7 copies of AEB from CSD|
|18||11/17/2009||NOTICE OF ORAL ARGUMENT SENT|
|19||12/21/2009||APPEARANCES: Russell J. Myhre/Lee M. Grossman/Asst. State's Atty.|
|21||12/21/2009||ORAL ARGUMENT WEBCAST|
|23||05/11/2010||UNANIMOUS OPINION: Maring, Mary Muehlen|
|25||06/14/2010||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|