Matter of G.R.H.

20040287 In the Matter of G.R.H.

John P. Van Grinsven, III,
Ward County State's Attorney, Petitioner and Appellee
v.
G.R.H., Respondent and Appellant

Appeal from: District Court, Northwest Judicial District, Ward County
Judge William W. McLees
Nature of Action: Civil Commit of Sexual Predator
Counsel:
Appellant: Eric Paul Baumann
Appellee: John P. Van Grinsven III , State's Attorney
Amicus curiae: Jean R. Mullen , Att. General Office
Term: 10/2005   Argument: 10/19/2005  1:30pm
ND cite: 2006 ND 56
NW cite: 711 N.W.2d 587

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Whether there was sufficient evidence to establish that G.R.H. suffered from antisocial personality disorder.
II. Whether G.R.H. can be constitutionally committed as a "sexually dangerous individual" given his particular diagnosis of anti-social personality disorder and his ability to control his behavior.
III. Whether G.R.H. was unlawfully and unconstitutionally denied judicial determination of the least restrictive treatment.

Appellant's Supplemental Issues
I. Whether there was sufficient evidence to establish that G.R.H. suffered from antisocial personality disorder.
II. Whether G.R.H. can be constitutionally committed as a "sexually dangerous individual" given his particular diagnosis of anti-social personality disorder and his ability to control his behavior.
III. Whether G.R.H. was unlawfully and unconstitutionally denied judicial determination of the least restrictive treatment.

Appellee's Statement of the Issues:
I. Was the evidence sufficient in this case, pursuant to NDCC 25-03.3, to establish G.R.H. as a sexually dangerous individual?
II. May the respondent challenge the constitutionality of the North Dakota Sexually Dangerous Commitment Statutes, NDCC 25-03.3, in the procedural manner conducted in this case, and if so, are the North Dakota Sexually Dangerous Commitment Statutes constitutional?

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Docket entries:
110/20/2004 NOTICE OF APPEAL: 10/19/2004
210/20/2004 "THIS CASE IS CONFIDENTIAL"
310/20/2004 ORDER FOR TRANSCRIPT: 10/19/2004
412/04/2004 TRANSCRIPT DATED 9-23-04
512/07/2004 DISK - tra (9-23-04)
612/14/2004 RECORD ON APPEAL (with separates 10, 11, 16, 17 & 30)
712/28/2004 SUPPLEMENTAL CLERK'S CERTIFICATE DATED 12-27-04 (Entry Nos. 41-43)
801/12/2005 APPELLANT BRIEF
901/12/2005 APPELLANT APPENDIX
1001/13/2005 DISK (ATB)
1102/11/2005 APPELLEE BRIEF
1202/14/2005 AMICUS CURIAE BRIEF
1302/14/2006 Addendum to ACB
1402/15/2005 DISK - ACB (e-mailed)
1502/16/2005 MOTION TO WITHDRAW APPEAL AND REMAND TO THE DISTRICT COURT & STIPULATION
1602/18/2005 ACTION BY CHIEF JUSTICE. Denied
1702/17/2005 Corrected TOA & pages 13, 17, 26, & 27
1802/17/2005 DISK - aeb
1902/22/2005 MOTION FOR TEMPORARY REMAND FOR LIMITED PURPOSE
2002/22/2005 E-FILED MOTION (by fax)
2102/22/2005 ACTION BY CHIEF JUSTICE (Remand). Granted
2202/22/2005 ORDER OF REMAND
2302/23/2005 Hard cc of Motion for Temporary Remand for Limited Purpose
2406/17/2005 RE-FILED RECORD ON APPEAL AFTER REMAND including separate exhibits, PSI, and TRA dated 9-23-04
2506/22/2005 SECOND NOTICE OF APPEAL
2606/22/2005 ORDER FOR TRANSCRIPT (filed in trial court June 20, 2005)
2708/02/2005 TRANSCRIPT DATED 5-26-05
2808/03/2005 DISK - TR2 (dated 5-26-05)
2908/05/2005 Supplemental Clerk's Certificate dated 8-4-05 (Entry Nos. 67-74)
3008/25/2005 Appellant's Supplemental Brief
3108/25/2005 Appellant's Supplemental Appendix
3208/26/2005 DISK - Supplemental ATB
3309/16/2005 Appellee's Supplemental Brief
3409/19/2005 DISK - Supplemental AEB
3510/19/2005 APPEARANCES: Eric P. Baumann; John P. Van Grinsven III
3610/19/2005 ARGUED: Baumann; Van Grinsven
3710/19/2005 ORAL ARGUMENT WEBCAST
3803/29/2006 DISPOSITION: AFFIRMED
3903/29/2006 SPLIT OPINION: Sandstrom, Dale V.
4003/29/2006 (DISSENT): Kapsner, Carol Ronning: DISSENT
4104/04/2006 Judgment Mailed to Parties
4205/02/2006 MANDATE
4305/04/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
4411/10/2011 EXPUNGED - Nonpermanent record items destroyed

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