Wagner v. Miskin
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| 20020200 |
John Wagner, Plaintiff and Appellee
v.
Glenda Miskin, Defendant and Appellant
|
| Appeal from: |
District Court,
Northeast Central Judicial District,
Grand Forks County
Judge Bruce E. Bohlman |
|
Nature of Action: |
Torts (Negligence, Liab., Nuis.)
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| Counsel: |
| Appellant: | |
Pro se
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| Appellee: | |
Pro se
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| Appellant: | |
Pro se
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|
| Term: |
02/2003 Argument: 02/13/2003 01:30pm
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| ND cite: |
2003 ND 69
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| NW cite: |
660 N.W.2d 593
Listen to recording of oral argument
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| Issues: |
Appellant's Statement of the Issues:
1. Appellant Glenda Miskin moves to appeal Appellee John Wagner's Judgment and Award of damages for libel, slander and interference with business relations also solely arising on the grounds that they are barred absolutely by US Constitutional
privileges or a lack of State jurisdiction over Internet publication from outside the State, especially when not particularly and exclusively directed toward the State, or so overwhelmingly defective as to be incurably and conclusively barred by
similar qualified privileges.
2. Appellant responding to Appellee's Judgement essentially alleging that Appellant defamed him, puts this decision in the context of her defense of an administrative quasi-judicial disciplinary action brought at Appellee's behest before an admitted
State of North Dakota agency, the University of North Dakota, where she was a student, and other factors entitling her to absolute privileges, which make the issues of malice or lying irrelevant, and qualified privileges, which under the
circumstances effectively preclude Appellee from prevailing.
3. Appellant, responding to Appellee's Judgment essentially alleging that Appellant slandered him, puts this decision in the context of a confidential and privileged report to a licensed Counselor:
4. That the jury acted in error. All damages awarded are exemplary and not compensory and Appellant moves that all damages be set aside as the Motion for Exemplary Damages that Appellee submitted was denied by the Court as it was legally defective
and untimely and because no actual evidence of damage was submitted into evidence and the entire $3 million damage award was based upon "feelings";
4.That the District Court in Grand Forks ND, lacked jurisdiction to proceed with the charge of libel, slander and intentional interference with business relations in the context of a quasi-judicial hearing and a confidential privileged report to a
therapist and that the ensuing District Court bench trial was contrary to and in violation of the Constitution of the United States and the Constitution of the State of North Dakota. The District Court was without Jurisdiction, clearly erroneous,
and amounted to an abuse of discretion by the Trial Court.
5. That Appellant who is a pro se who provided representation to Appellant, did not meet the standard of providing effective assistance of counsel.
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| 1 | | 08/01/2002 | |
NOTICE OF APPEAL: 07/30/2002 |
| 2 | | 08/06/2002 | |
Letter dated 8-05-02 from William E. McKechnie informing us that he has not been retained by John |
| 3 | | 08/06/2002 | |
Wagner to handle the appeal |
| 4 | | 08/01/2002 | |
MOTION TO WAIVE FEES FOR TRIAL TRANSCRIPTS |
| 5 | | 08/05/2002 | |
Amended Notice of Filing of the Notice of Appeal |
| 6 | | 08/09/2002 | |
Petition In Forma Pauperis to Waive Filing Fee (faxed copy) |
| 7 | | 08/14/2002 | |
ACTION BY SUPREME COURT (Mot/Waive/Fees/Trans). Denied |
| 8 | | 08/14/2002 | |
ACTION BY SUPREME COURT (Pet/In Forma Pauperis). Granted |
| 9 | | 08/14/2002 | |
Order Mailed to Parties |
| 10 | | 08/21/2002 | |
Copies of William McKechnie's Motion to Withdraw as Counsel, Affidavit in Support venued in G.F.Co) |
| 11 | | 08/27/2002 | |
RECORD ON APPEAL (4 Vols.); exhibits; orig. partial transcript dated 1-28-02 |
| 12 | | 09/07/2002 | |
APPELLANT BRIEF (There is no page number 40) |
| 13 | | 09/09/2002 | |
MOTION FOR DEFERRING OF APPENDIX OF APPELLANT BRIEF |
| 14 | | 09/09/2002 | |
ACTION BY CLERK. Granted: 09/23/2002 |
| 15 | | 09/23/2002 | |
MOTION FOR EXTENSION OF TIME TO FILE THE CORRECTIONS |
| 16 | | 09/24/2002 | |
ACTION BY CHIEF JUSTICE - EXTENSION GRANTED |
| 17 | | 09/26/2002 | |
APPELLANT APPENDIX |
| 18 | | 10/03/2002 | |
8 copies of corrected title pages and TOA for ATB |
| 19 | | 10/04/2002 | |
DISK - ATB (e-mailed) |
| 20 | | 10/09/2002 | |
Title page for ATA |
| 21 | | 10/09/2002 | |
MOT. EXT/TIME APPELLEE BRIEF (sua sponte) |
| 22 | | 10/09/2002 | |
ACTION BY CLERK (sua sponte). Granted: 11/18/2002 |
| 23 | | 10/28/2002 | |
Copy of Sheriff's Return of Service for ATB; Mr. Wagner served personally on October 17, 2002 |
| 24 | | 11/18/2002 | |
REQ. EXT/TIME APPELLEE BRIEF |
| 25 | | 11/18/2002 | |
ACTION BY CLERK. Granted: 12/02/2002 |
| 26 | | 12/03/2002 | |
REQ.EXT/TIME/AEB |
| 27 | | 12/03/2002 | |
ACTION BY CLERK. Granted: 12/09/2002 |
| 28 | | 12/09/2002 | |
APPELLEE BRIEF (Entitled "Notice of Motion to Dismiss" and attachments) |
| 29 | | 12/19/2002 | |
Appellee's Brief, entitled "Notice of Motion to Dismiss," "Motion to Dismiss" and Brief in Support |
| 30 | | 12/19/2002 | |
of Motion to Dismiss, with attachments |
| 31 | | 12/19/2002 | |
Letter from John Wagner dated December 18, 2002 advising that the Motion to Dismiss & Brief in |
| 32 | | 12/19/2002 | |
Support serve as the Appellee's Brief |
| 33 | | 12/19/2002 | |
DISK (AEB) (e-mailed) |
| 34 | | 12/30/2002 | |
Original Notice of Request for 3 day extension of time dated 9-23-02 |
| 35 | | 12/30/2002 | |
MOT. EXT/TIME REPLY BRIEF |
| 36 | | 12/30/2002 | |
ACTION BY CHIEF DEPUTY CLERK. Granted: 01/02/2003 |
| 37 | | 12/30/2002 | |
REPLY BRIEF (TITLED "MOTION IN RESPONSE TO APPELLEE'S MOTION TO DISMISS) WITH EXHIBITS |
| 38 | | 12/31/2002 | |
MOTION TO STRIKE POST-TRIAL EVIDENCE FILED BY APPELLANT |
| 39 | | 12/31/2002 | |
DISK - RYB (Scanned per CMB) |
| 40 | | 01/09/2003 | |
Corrected signature page of Motion to Strike Post-Trial Evidence |
| 41 | | 01/14/2003 | |
"Notice of Request for a 7-day extension to file Response to Motion to Strike Post-Trial Evidence" |
| 42 | | 01/14/2003 | |
ACTION BY CLERK. Granted: 01/20/2003 |
| 43 | | 02/13/2003 | |
NO SEPARATE ACTION TAKEN ON MOTION TO STRIKE POST-TRIAL EVIDENCE |
| 44 | | 02/13/2003 | |
APPEARANCES: Glenda Miskin; John L. Wagner |
| 45 | | 02/13/2003 | |
ARGUED: Miskin; Wagner (Vol. Y; Page 87) |
| 46 | | 02/13/2003 | |
ORAL ARGUMENT WEBCAST |
| 47 | | 05/06/2003 | |
DISPOSITION: AFFIRMED |
| 48 | | 05/06/2003 | |
UNANIMOUS OPINION: VandeWalle, Gerald W. |
| 49 | | 05/06/2003 | |
Costs on appeal taxed in favor of appellee |
| 50 | | 05/07/2003 | |
Judgment Mailed to Parties |
| 51 | | 05/20/2003 | |
PETITION FOR REHEARING |
| 52 | | 05/20/2003 | |
E-FILED PETITION FOR REHEARING |
| 53 | | 06/02/2003 | |
MOTION FOR SUPPLEMENT TO PETITION FOR REHEARING |
| 54 | | 06/02/2003 | |
E-FILED MOTION |
| 55 | | 06/02/2003 | |
ACTION BY CHIEF JUSTICE. Granted |
| 56 | | 06/03/2003 | |
ACTION BY SUPREME COURT (PER). Denied |
| 57 | | 06/11/2003 | |
MANDATE |
| 58 | | 11/24/2003 | |
Notice from U.S. Supreme Court that Petition for Writ of Certiorari has been filed on September 2, |
| 59 | | 11/24/2003 | |
2003, and placed on the November 19, 2003 docket as No. 03-7513 |
| 60 | | 01/26/2004 | |
Letter dated 1-20-04 from William K. Suter, Clerk of U.S. Supreme Court informing us the |
| 61 | | 01/26/2004 | |
petition for writ of certiorari is denied |
| 62 | | 06/16/2003 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 63 | | 08/11/2008 | |
EXPUNGED - Nonpermanent record items destroyed |