Matter of R.A.S. - Calendar

2:45pm Wednesday, September 3, 2008
20080043 In the Matter of R.A.S.
------------
Cass County State's Attorney, Appellee
v.
R.A.S., 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: Birch Peterson Burdick , State's Attorney

Issues: Appellant's Statement of the Issues:
I. Whether the State proved by clear and convincing evidence that Respondent is likely to engage in further acts of sexually predatory conduct, when Dr. Gilbertson opined that Respondent was not likely to engage in further acts of sexually predatory conduct?
II. 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, and where the State's expert admitted that North Dakota has the lowest standard in the country to commit?
Appellee's Statement of the Issues:
I.Whether the State has proven by clear and convincing evidence that RAS remains a sexually dangerous individual and is likely to engage in further acts of sexually predatory conduct.
II.Whether RAS's substantive due process rights were denied when he was provided his annual review under N.D.C.C. ch. 25-03.3, regardless of his failure to complete the five phases of dangerous sexual offender treatment, and RAS may continue to annually petition the district court for discharge from his commitment.
Briefs:
Case Summary
Appellant Brief (Requires Acrobat Reader)
Appellee Brief
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