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State v. Brown

Docket No. 20080257
Oral Argument: Wednesday, March 18, 2009 9:00am

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Lori Lee Brown, Defendant and Appellant
Case Type
CRIMINAL APPEAL : VIOLATION OF CITY ORDINANCE
Appeal From
Case No. 07-K-05124
East Central Judicial District, Cass County
Douglas R. Herman
2009 ND 150771 N.W.2d 267
Oral Argument 3/18/2009

Highlight

The legislature may delegate legislative powers, including the authority to create criminal penalties for violations of county ordinances, to a home rule county.
The provision in N.D.C.C. 11-09.1-05(5) limiting a home rule county's authority to regulate any industry or activity already regulated by state law applies only when there is an explicit state law or rule restraining the county's authority or when the industry or activity involved is already subject to substantial state control through broad, encompassing statutes or rules.
A county ordinance declaring that a dog that barks in an excessive or continuous manner is a public nuisance and that a person who owns or harbors the dog is guilty of an infraction does not reach a substantial amount of constitutionally protected conduct and is not unconstitutionally overbroad.
An ordinance declaring that a dog that barks in an excessive or continuous manner is a public nuisance is not unconstitutionally vague.
Under N.D. Const. art. VI, sec. 3, a procedural rule adopted by the Supreme Court must prevail in a conflict with a statutory procedural rule.
The signature of the prosecuting attorney on an information is not required to be sworn to upon oath.
A defendant charged with an infraction for violating a county ordinance, with a maximum penalty of a fifty-dollar fine with no possibility of imprisonment, does not have a constitutional right to a jury trial under N.D. Const. art. I, sec. 13.


Briefs

Filing Date Description
01/05/2009 APPELLANT BRIEF View
02/12/2009 APPELLEE BRIEF (e-filed) View
03/02/2009 REPLY BRIEF View

Counsel

Party Type Name
AMICUS CURIAE ATT. GENERAL OFFICE Paul Raymond Emerson - 05413
APPELLEE ASST. STATE'S ATTORNEY Charles Justin Sheeley - 06383
APPELLANT PRIVATE PRACTICE Jonathan T. Garaas - 03080

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

Seq. # Filing Date Description Attachment
1 10/13/2008 NOTICE OF APPEAL : 10/10/2008
2 10/13/2008 ORDER FOR TRANSCRIPT : 10/10/2008
3 11/10/2008 RETENTION OF RECORD ON APPEAL : 11/29/2008
4 11/25/2008 TRANSCRIPTS DATED 1/3/08, 3/25/08, 6/17/08, 9/9/08, 9/22/08.
5 11/25/2008 DISK - tra dated 1/3/08; 3/25/08; 6/17/08; 9/9/08; 9/22/08 (by email)
6 11/26/2008 RECORD ON APPEAL (not rec'd-entries 2, 25, 35 (tapes))
7 12/09/2008 Clerk's Supplemental Certificate of Record dated December 8, 2008 (entry nos. 51 & 52).
8 12/31/2008 Clerk's Supplemental Certificate of Record dated December 8, 2008 (Entry Nos. 54 - 56)
9 12/31/2008 Amended Notice of Appeal
10 01/05/2009 APPELLANT BRIEF View
11 01/05/2009 attached Addendum to Appellant's Brief
12 01/05/2009 APPELLANT APPENDIX
13 01/06/2009 Affidavit of Service by Mail of Appellant's Brief
14 01/06/2009 DISK - ATB
15 01/28/2009 MOTION FOR Filing of Amicus Curiae Brief
16 01/28/2009 ACTION BY ACTING CHIEF JUSTICE
17 01/28/2009 AMICUS CURIAE BRIEF - on behalf of Attorney General of State of N.D. View
18 01/28/2009 DISK of ACB - e-mailed
19 01/30/2009 MOT. EXT/TIME APPELLEE BRIEF
20 01/30/2009 E-FILED MOTION - MAE
21 01/30/2009 ACTION BY CLERK - Granted : 02/18/2009
22 02/12/2009 APPELLEE BRIEF (e-filed) View
23 02/12/2009 E-FILED BRIEF (AEB)
24 02/13/2009 Letter from Charles J. Sheeley dated 2-12-09 RE: Consent to appearance of 3rd Yr. Law Student
25 02/13/2009 Kara Helgeson
26 02/19/2009 Affidavit of Service by Mail for AEB
27 02/19/2009 Received $25 surcharge for AEB (Receipt #18733).
28 02/20/2009 Received 7 copies of AEB from Central Duplicating.
29 03/02/2009 REPLY BRIEF View
30 03/02/2009 ADDENDUM TO REPLY BRIEF
31 03/03/2009 DISK - RYB
32 03/18/2009 APPEARANCES: Jonathan T. Garaas; Charles J. Sheeley, Asst. Attorney General
33 03/18/2009 ARGUED: Garaas; Sheeley
34 03/18/2009 ORAL ARGUMENT WEBCAST
35 03/18/2009 DISPOSITION
36 08/18/2009 UNANIMOUS OPINION : Kapsner, Carol Ronning View
37 08/19/2009 Judgment e-mailed to Parties
38 08/31/2009 PETITION FOR REHEARING View
39 08/31/2009 DISK - per (C-D Rom)
40 09/16/2009 ACTION BY SUPREME COURT (Pet/Rehearing) - Denied
41 09/28/2009 MANDATE
42 10/07/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
43 10/13/2020 EXPUNGED - Nonpermanent record items destroyed