|10:00am||Tuesday, October 8, 2013|
City of Fargo, Plaintiff and Appellee
Jason William White, Defendant and Appellant
|Appeal from:||East Central Judicial District, Cass County, Judge Wade L. Webb, 09-2013-CR-00532|
|Nature of Action:||Misc. Statutory Off. (Misdemeanor)|
Appellant's Statement of the Issues:|
I. The district court's Summary Affirmance Order is a final order and is therefore appealable pursuant to N.D.C.C. 29-28-06(2).
II. The district court erred when it dismissed Mr. White's appeal for his failure to appear at a dispositional conference as the proper remedy is continuance or issuance of a bench warrant and a district court judge is without discretion to dismiss an appeal at a dispositional conference.
Appellee's Statement of the Issues:
1. Final judgment is appealable pursuant to N.D.C.C. 29-28-06.
2. Whether it is an abuse of discretion for a district court judge to dismiss an appeal from municipal court and to summarily affirm that ruling when a defendant is absent at a dispositional conference.
Generated from Supreme Court Docket on 10/31/2013