Interest of A.R.

20090197 In the Interest of A.R., a Child
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Bradley Cruff, Barnes Co.
State's Attorney, Petitioner and Appellee
v.
A.R., minor child,
C.R., mother, and
S.R., father, Respondents and Appellants

Appeal from: Juvenile Court, Southeast Judicial District, Barnes County
Judge John T. Paulson
Nature of Action: Juvenile Law (Criminal)
Counsel:
Appellant: Russell John Myhre
Appellee: Lee Michael Grossman , Asst. State's Attorney
Term: 12/2009   Argument: 12/21/2009  2:45pm
ND cite: 2010 ND 84
NW cite: 781 N.W.2d 644

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 "stupid 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 "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.
[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:
107/07/2009 NOTICE OF APPEAL: 07/06/2009
207/07/2009 ORDER FOR TRANSCRIPT: 07/06/2009
308/05/2009 RECORD ON APPEAL
408/13/2009 TRANSCRIPTS DATED 4-27-09 & 5-4-09 (2 vols) & C.O.S.
508/13/2009 DISK - tra (4-27-09 & 5-4-09) (e-mailed)
609/29/2009 MOT. EXT/TIME APPELLANT BRIEF
709/29/2009 E-FILED MOTION - MAT
809/29/2009 ACTION BY CLERK (MAT). Granted: 10/02/2009
909/29/2009 APPELLANT BRIEF (e-filed)
1009/29/2009 E-FILED BRIEF (ATB)
1109/29/2009 APPELLANT APPENDIX (e-filed)
1209/29/2009 E-FILED APPENDIX (ATA)
1309/30/2009 Received $25 surcharge for ATB (Receipt #19016)
1410/29/2009 APPELLEE BRIEF (e-filed)
1510/29/2009 E-FILED BRIEF (AEB)
1611/06/2009 Received $25 surcharge for AEB (Receipt #19223)
1711/10/2009 Received 7 copies of AEB from CSD
1811/17/2009 NOTICE OF ORAL ARGUMENT SENT
1912/21/2009 APPEARANCES: Russell J. Myhre/Lee M. Grossman/Asst. State's Atty.
2012/21/2009 ARGUED: Myhre/Grossman
2112/21/2009 ORAL ARGUMENT WEBCAST
2205/11/2010 DISPOSITION: AFFIRMED
2305/11/2010 UNANIMOUS OPINION: Maring, Mary Muehlen
2406/09/2010 MANDATE
2506/14/2010 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 10/23/2014