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: |
|
| Term: |
10/2005 Argument: 10/19/2005 01:30pm
|
| ND cite: |
2006 ND 56
|
| NW cite: |
711 N.W.2d 587
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
|
|
|
| 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?
|
|
 Add Docket 20040287 RSS
|
| 1 | | 10/20/2004 | |
NOTICE OF APPEAL: 10/19/2004 |
| 2 | | 10/20/2004 | |
"THIS CASE IS CONFIDENTIAL" |
| 3 | | 10/20/2004 | |
ORDER FOR TRANSCRIPT: 10/19/2004 |
| 4 | | 12/04/2004 | |
TRANSCRIPT DATED 9-23-04 |
| 5 | | 12/07/2004 | |
DISK - tra (9-23-04) |
| 6 | | 12/14/2004 | |
RECORD ON APPEAL (with separates 10, 11, 16, 17 & 30) |
| 7 | | 12/28/2004 | |
SUPPLEMENTAL CLERK'S CERTIFICATE DATED 12-27-04 (Entry Nos. 41-43) |
| 8 | | 01/12/2005 | |
APPELLANT BRIEF |
| 9 | | 01/12/2005 | |
APPELLANT APPENDIX |
| 10 | | 01/13/2005 | |
DISK (ATB) |
| 11 | | 02/11/2005 | |
APPELLEE BRIEF |
| 12 | | 02/14/2005 | |
AMICUS CURIAE BRIEF |
| 13 | | 02/14/2006 | |
Addendum to ACB |
| 14 | | 02/15/2005 | |
DISK - ACB (e-mailed) |
| 15 | | 02/16/2005 | |
MOTION TO WITHDRAW APPEAL AND REMAND TO THE DISTRICT COURT & STIPULATION |
| 16 | | 02/18/2005 | |
ACTION BY CHIEF JUSTICE. Denied |
| 17 | | 02/17/2005 | |
Corrected TOA & pages 13, 17, 26, & 27 |
| 18 | | 02/17/2005 | |
DISK - aeb |
| 19 | | 02/22/2005 | |
MOTION FOR TEMPORARY REMAND FOR LIMITED PURPOSE |
| 20 | | 02/22/2005 | |
E-FILED MOTION (by fax) |
| 21 | | 02/22/2005 | |
ACTION BY CHIEF JUSTICE (Remand). Granted |
| 22 | | 02/22/2005 | |
ORDER OF REMAND |
| 23 | | 02/23/2005 | |
Hard cc of Motion for Temporary Remand for Limited Purpose |
| 24 | | 06/17/2005 | |
RE-FILED RECORD ON APPEAL AFTER REMAND including separate exhibits, PSI, and TRA dated 9-23-04 |
| 25 | | 06/22/2005 | |
SECOND NOTICE OF APPEAL |
| 26 | | 06/22/2005 | |
ORDER FOR TRANSCRIPT (filed in trial court June 20, 2005) |
| 27 | | 08/02/2005 | |
TRANSCRIPT DATED 5-26-05 |
| 28 | | 08/03/2005 | |
DISK - TR2 (dated 5-26-05) |
| 29 | | 08/05/2005 | |
Supplemental Clerk's Certificate dated 8-4-05 (Entry Nos. 67-74) |
| 30 | | 08/25/2005 | |
Appellant's Supplemental Brief |
| 31 | | 08/25/2005 | |
Appellant's Supplemental Appendix |
| 32 | | 08/26/2005 | |
DISK - Supplemental ATB |
| 33 | | 09/16/2005 | |
Appellee's Supplemental Brief |
| 34 | | 09/19/2005 | |
DISK - Supplemental AEB |
| 35 | | 10/19/2005 | |
APPEARANCES: Eric P. Baumann; John P. Van Grinsven III |
| 36 | | 10/19/2005 | |
ARGUED: Baumann; Van Grinsven |
| 37 | | 10/19/2005 | |
ORAL ARGUMENT WEBCAST |
| 38 | | 03/29/2006 | |
DISPOSITION: AFFIRMED |
| 39 | | 03/29/2006 | |
SPLIT OPINION: Sandstrom, Dale V. |
| 40 | | 03/29/2006 | |
(DISSENT): Kapsner, Carol Ronning: DISSENT |
| 41 | | 04/04/2006 | |
Judgment Mailed to Parties |
| 42 | | 05/02/2006 | |
MANDATE |
| 43 | | 05/04/2006 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 44 | | 11/10/2011 | |
EXPUNGED - Nonpermanent record items destroyed |