Interest of R.A.

20100343 In the Interest of R.A., a Child
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State of North Dakota, Petitioner and Appellee
v.
R.A., said child,
S.A., father of said child,
T.A., mother of said child, Respondents
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R.A., said child Appellant

Appeal from: Juvenile Court, Northeast Central Judicial District, Grand Forks County
Judge Laurie A. Fontaine
Nature of Action: Juvenile Law (Criminal)
Counsel:
Respondent: DeWayne Alan Johnston
Appellee: Haley Lorelle Wamstad , Asst. State's Attorney
Term: 04/2011   Argument: 04/04/2011  10:00am
ND cite: 2011 ND 119
NW cite: 799 N.W.2d 332

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Whether the State failed to demonstrate probable cause that R.A. committed Gross Sexual Imposition?
A. Whether the State failed to demonstrate probable cause that R.A. acted "by force," which this Court has held is a prerequisite to transfer?
B. Whether the State failed to demonstrate probable cause that R.A.'s conduct presented an "imminent threat" to A.H.?
1. Whether the messages at issue indicate imminent conduct?
2. Whether A.H.'s actions are consistent with a fear of imminent conduct by R.A.?
3. Whether the Juvenile Court's interpretation of "imminent fear" was in error?
II. Whether the Juvenile Court misinterpreted and misapplied the transfer statute?
A. Whether the Legislature amended the transfer statute to address the issue of violent juvenile offenders?
B. Whether the transfer statute requires threats to be directed at a victim?
III. Whether the Juvenile Court erred in denying R.A. his constitutional right to confrontation?

Appellee's Statement of the Issues:
I. The juvenile court did not err in finding probable cause existed to believe R.A. committed the crime of gross sexual imposition.
II. The juvenile court properly applied the transfer statute.
III. The juvenile court honored R.A.'s Sixth Amendment right to confrontation.

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Docket entries:
110/14/2010 NOTICE OF APPEAL: 10/11/2010
210/14/2010 ORDER FOR TRANSCRIPT: 10/11/2010
310/18/2010 Acknowledgment of OTR & RETENTION OF RECORD ON APPEAL (Tracy Jirout): 11/30/2010
410/21/2010 Acknowledgment of OTR & Retention of Record (Michelle Bredemeier)
512/01/2010 RECORD ON APPEAL (electronic 1-89)
611/30/2010 TRANSCRIPTS DATED JUNE 21, 2010 AND JUNE 25, 2010 & C.O.S.
711/30/2010 DISK-TRA (6/21/10 & 6/25/10) E-MAILED
812/30/2010 MOTION TO STAY TRANSFER ORDER PENDING REVIEW. RspDue: 01/10/2011
912/30/2010 E-FILED MOTION
1001/06/2011 Response Filed to Motion for stay
1101/06/2011 EFILED RESPONSE
1201/06/2011 Consent To Appearance Under the Senior Practice Rule - Amy Siewert, 3L
1301/10/2011 MOT. EXT/TIME APPELLANT BRIEF
1401/10/2011 E-FILED MOTION
1501/10/2011 ACTION BY CLERK. Granted: 01/24/2010
1601/05/2011 STATEMENT: Surcharge for motion to stay received
1701/20/2011 ACTION BY SUPREME COURT (MOT. to Stay Transfer Order Pending Review). Denied
1801/20/2011 Order/Judgment Sent to Parties
1901/24/2011 APPELLANT BRIEF (e-filed)
2001/24/2011 E-FILED BRIEF (ATB)
2101/24/2011 APPELLANT APPENDIX (e-filed)
2201/24/2011 E-FILED APPENDIX (ATA)
2301/28/2011 Received $62 surcharge for ATB & ATA (Receipt #20154)
2402/01/2011 Received 7 copies of ATB from CSD
2502/01/2011 Received 6 copies of ATA from CSD
2602/23/2011 APPELLEE BRIEF (e-filed)
2702/23/2011 E-FILED BRIEF (AEB)
2802/25/2011 Received $25 surcharge for AEB (Receipt #20194)
2902/28/2011 Received 7 copies of AEB from CSD
3002/28/2011 Amended Consent To Appearance by Peter D. Welte, State's Attorney for 3rd year Abby Siewert.
3103/21/2011 NOTICE OF ORAL ARGUMENT SENT
3204/04/2011 APPEARANCES: DeWayne A. Johnston; Haley L. Wamstad, Asst. State's Attorney & Abby Siewert,
3304/04/2011 3rd Year Law Student
3404/04/2011 ARGUED: Johnston; Wamstad
3504/04/2011 ORAL ARGUMENT WEBCAST
3606/21/2011 DISPOSITION: AFFIRMED
3706/21/2011 UNANIMOUS OPINION: Maring, Mary Muehlen
3806/21/2011 Concur in the result.: Sandstrom, Dale V.: CON/RES
3906/23/2011 Judgment Sent to Parties
4007/22/2011 MANDATE
4107/28/2011 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 11/26/2014