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Interest of J.S.L.

Docket No. 20080227
Oral Argument: Thursday, February 5, 2009 1:30pm

Docket Info

Title
In the Interest of J.S.L., a child
------------
Grand Forks County Social Services, Petitioner and Appellee
v.
T.L. , Executive Director,
North Dakota Department of Human
Services, Bismarck, North Dakota, Respondents
and
W.M. , Respondent and Appellant
Case Type
CIVIL APPEAL : TERMINATION/PARENTAL RIGHTS
Appeal From
Case No. 08-R-00369
Northeast Central Judicial District, Grand Forks County
Joel D. Medd
2009 ND 43763 N.W.2d 783
Oral Argument 2/5/2009

Highlight

In determining whether hearsay evidence has sufficient guarantees of trustworthiness to qualify for the residual hearsay exception, the circumstances surrounding the statement are compared to the closest applicable hearsay exception.
Hearsay evidence is more probative on the point for which it is offered than any other evidence which the proponent can procure through reasonable efforts only if no other evidence, or very little other evidence, is available on the same point.
The introduction of allegedly inadmissible evidence in a non-jury case will be reversed only if all the competent evidence is insufficient to support the judgment or it affirmatively appears that the incompetent evidence induced the court to make an essential finding which would not otherwise have been made.

Briefs

Filing Date Description
12/02/2008 APPELLANT BRIEF View
12/30/2008 APPELLEE BRIEF (E-FILED) View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Douglas W Nesheim - 05216
APPELLEE ASST. STATE'S ATTORNEY Jacqueline Ann Gaddie - 04962
UNKNOWN COURT APPOINTED Rebecca Jo Heigaard McGurran - 05429

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

Seq. # Filing Date Description Attachment
1 09/11/2008 NOTICE OF APPEAL : 09/08/2008
2 09/11/2008 ORDER FOR TRANSCRIPT : 09/08/2008
3 09/11/2008 ----CONFIDENTIAL-------
4 09/19/2008 RETENTION OF RECORD ON APPEAL : 10/28/2008
5 10/23/2008 TRANSCRIPT DATED August 13, 2008
6 10/24/2008 Certificate of Service of Transcript
7 10/24/2008 DISK - tra (8-13-08)
8 10/24/2008 RECORD ON APPEAL (Not rec'd: 21, 27, 33, & 51 (Steno Notes)
9 10/27/2008 Corrected Certificate of Service of Transcript
10 12/02/2008 APPELLANT BRIEF View
11 12/02/2008 APPELLANT APPENDIX
12 12/02/2008 DISK-ATB (E-MAILED)
13 12/30/2008 APPELLEE BRIEF (E-FILED) View
14 12/30/2008 E-FILED BRIEF (aeb)
15 01/02/2009 Received $25 surcharge for AEB (Receipt #18664).
16 01/06/2009 Received 7 copies of AEB from Central Duplicating
17 02/05/2009 APPEARANCES: Douglas W. Nesheim and W.M., appellant; Marie Miller, 3rd-yr. law student appearing
18 02/05/2009 under the rules on the limited practice of law by law students and Jacqueline A. Gaddie, Asst.
19 02/05/2009 State's Attorney
20 02/05/2009 ARGUED: Nesheim; Miller
21 02/05/2009 ORAL ARGUMENT WEBCAST
22 04/02/2009 DISPOSITION
23 04/02/2009 UNANIMOUS OPINION : VandeWalle, Gerald W. View
24 04/06/2009 Judgment E-mailed & Mailed to Parties
25 04/23/2009 Corrected Opinion Pages 6 and 15
26 04/29/2009 MANDATE
27 05/07/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
28 11/09/2020 EXPUNGED - Nonpermanent record items destroyed