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Interest of B.B.

Docket No. 20060322
Oral Argument: Monday, April 16, 2007 10:45am

Docket Info

Title
In the Interest of B.B., a child

Carmell F. Mattison, Grand Forks
County Assistant State's Attorney, Petitioner and Appellee
v.
B.B., B.J.F., Respondents
and
S.L.B., Respondent and Appellant
Case Type
CIVIL APPEAL : JUVENILE LAW
Appeal From
Case No. 06-R-00327
Northeast Central Judicial District, Grand Forks County
Lawrence E. Jahnke
2007 ND 115735 N.W.2d 855
Oral Argument 4/16/2007

Highlight

To satisfy the business records exception to the hearsay rule, each participant in the creation of the record must be acting in the course of regularly conducted business.
The Sixth Amendment right to confront and cross-examine witnesses does not apply to civil proceedings.
A party in a deprivation proceeding in juvenile court is entitled to the opportunity to cross-examine adverse witnesses.
A juvenile court's finding of deprivation will not be set aside on appeal unless clearly erroneous.


Briefs

Filing Date Description
02/16/2007 APPELLANT BRIEF (e-filed) View
03/16/2007 APPELLEE BRIEF (e-filed) View
03/29/2007 REPLY BRIEF (e-filed) View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Daniel James Borgen - 06007
APPELLEE ASST. STATE'S ATTORNEY Carmell Faye Mattison - 06052

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 11/14/2006 NOTICE OF APPEAL : 11/09/2006
2 11/14/2006 ORDER FOR TRANSCRIPT : 11/09/2006
3 11/16/2006 Amended Notice of Filing of the Notice of Appeal
4 11/29/2006 Transcript dated July 13, 2006
5 12/04/2006 Corrected covers for TRA filed 11-29-06 (Date changed from 6-12-06 to 7-13-06)
6 12/05/2006 RECORD ON APPEAL W/SEPARATE (ENTRY NO. 56). NOT REC'D WERE STENO NOTES (ENTRY NOS. 14 & 55)
7 12/06/2006 TRANSCRIPT DATED June 22, 2006
8 12/07/2006 DISK - tra (6-22-06)
9 12/07/2006 Fax from Carmell Mattison RE: she is counsel of record for appelle
10 12/11/2006 DISK - tra (7-13-06)
11 01/09/2007 APPELLANT BRIEF ON APPEALABILITY
12 01/09/2007 E-FILED BRIEF (AT Appealability Brief)
13 01/09/2007 APPELLANT APPENDIX TO BRIEF ON APPEALABILITY (ATTACHED TO BRIEF)
14 01/09/2007 E-FILED APPENDIX (AT Appealability)
15 10/09/2007 Made 7 copies of AT Appealability Brief and Attached Appendix
16 01/09/2007 APPELLEE BRIEF ON APPEALABILITY
17 01/09/2007 E-FILED BRIEF (AE Appealability Brief)
18 01/09/2007 APPELLEE APPENDIX TO BRIEF ON APPEALABILITY (ATTACHED TO BRIEF)
19 01/09/2007 E-FILED APPENDIX (AE Appealability)
20 01/09/2007 Made 7 copies of AE Appealability Brief and Attached Appendix
21 01/15/2007 Affidavit of Service by Mail of the Brief of Appellee dated 1-10-07
22 01/17/2007 MOTION (sua sponte consideration of timeliness of notice of appeal)
23 01/17/2007 ACTION BY SUPREME COURT (MOT/consideration of appealability) - Granted
24 01/17/2007 Reset due date after stay pending consideration of appealability
25 01/17/2007 ACTION BY CLERK (reset due date for ATB) - Granted : 02/16/2007
26 02/16/2007 APPELLANT BRIEF (e-filed) View
27 02/16/2007 E-FILED BRIEF (ATB)
28 02/16/2007 APPELLANT APPENDIX (faxed)
29 02/16/2007 E-FILED APPENDIX (ATA)
30 02/20/2007 Received $25 surcharge for atb (Receipt #17283)
31 02/27/2007 Received 7 copies of ATB & 6 copies of ATA from Central Duplicating
32 03/16/2007 APPELLEE BRIEF (e-filed) View
33 03/16/2007 E-FILED BRIEF (AEB)
34 03/16/2007 APPELLEE APPENDIX (e-filed) (PDF)
35 03/16/2007 E-FILED APPENDIX (AEA)
36 03/16/2007 Affidavait of Service by E-Mail of AEB & AEA
37 03/19/2007 Received $25 surcharge for AEB (Receipt #17318)
38 03/21/2007 Received 7 copies of AEB from Central Duplicating
39 03/21/2007 Received 6 copies of AEA from Central Duplicating
40 03/29/2007 REPLY BRIEF (e-filed) View
41 03/29/2007 Affidavit of Service by E-mail of RYB
42 03/29/2007 E-FILED BRIEF (RYB)
43 03/29/2007 Received 7 copies of RYB from Central Duplicating
44 04/16/2007 APPEARANCES: Daniel J. Borgen; Carmell F. Mattison
45 04/16/2007 ARGUED: Borgen; Mattison
46 04/16/2007 ORAL ARGUMENT WEBCAST
47 07/10/2007 PETITION for Writ of Prohibition View
48 07/10/2007 E-FILED Petition
49 07/12/2007 ACTION BY SUPREME COURT (Petition for Writ of Prohibition) - Denied
50 07/16/2007 Supp. Clerk's Certificate dated 7-11-07 (Entry nos. 86 - 114, not rec'd 95 & 108 - steno notes)
51 07/19/2007 Second Supp. Clerk's Certificate of ROA dated July 13, 2007, with entries 115 and 116
52 07/25/2007 DISPOSITION
53 07/25/2007 UNANIMOUS OPINION : Kapsner, Carol Ronning View
54 07/26/2007 Judgment e-mailed to Parties
55 08/16/2007 MANDATE
56 08/21/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE (Original Transcripts, Mandate & Opinion)
57 08/21/2017 EXPUNGED - Nonpermanent record items destroyed