Matter of E.W.F. - Calendar

1:30pm Monday, June 2, 2008
20080037 In the Matter of E.W.F.
-------------
Cass County State's Attorney, Petitioner and Appellee
v.
E.W.F., Respondent and Appellant
Appeal from: East Central Judicial District, Cass County, Judge Steven E. McCullough
Nature of Action: Civil Commit of Sexual Predator
Counsel:

Appellant: Richard Edward Edinger
Appellee: Ryan James Younggren , Asst. State's Attorney

Issues: Appellant's Statement of the Issues:
Whether the State proved by clear and convincing evidence that Respondent is likely to engage in further acts of sexually predatory conduct, where the State did not offer into evidence Dr. Sullivan's written evaluation, but instead relied solely on Dr. Sullivan's conclusory statements?
Whether Respondent's substantive due process rights have been violated because his commitment proceeding is a mechanism for retribution and circumvents the criminal justice system where he was originally committed due to a pedophile's evaluation, the state hospital has a zero percent treatment rate, he has been at the state hospital for nine years, and where Dr. Sullivan opined it would be futile for him to petition for discharge next year?
Appellee's Statement of the Issues:
I.Whether the State has proven by clear and convincing evidence that E.W.F. remains a sexually dangerous individual and is likely to engage in further acts of sexually predatory conduct.
II.Whether E.W.F.'s substantive due process rights are denied even though he may still annually petition the court to be discharged from the State Hospital, regardless of his failure to complete the five phases of dangerous sexual offender treatment.
Briefs:
Case Summary
Appellant Brief (Requires Acrobat Reader)
Appellee Brief
Listen to recording of oral argument
using RealPlayer Basic,^© a free download.

Go to Docket

Generated from Supreme Court Docket on 07/23/2008