Interest of K.G.

20050266 In the Interest of K.G.
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William Pryatel, M.D., Petitioner and Appellee
v.
K.G., Respondent and Appellant

Appeal from: District Court, Southeast Judicial District, Stutsman County
Judge James M. Bekken
Nature of Action: Mental Health
Counsel:
Appellant: Jodie Koch Scherr
Appellee: Kenneth L. Dalsted , Spec. Asst. Atty. Gen.
Term: 08/2005   Argument: 08/17/2005  11:00am
ND cite: 2005 ND 156
NW cite: 703 N.W.2d 660


Issues: Appellant's Statement of the Issues:
1. Whether the district court erred by ordering hospitalization and finding that "a treatment program other than hospitalization is not suitable to the Respondent's treatment needs" without requiring a more comprehensive Petition for Continuing Treatment, Report Assessing the Availability and Appropriateness for the Respondent of Treatment Programs other than Hospitalization (App. p. 13, 13a), Report of Examination as well as more thorough testimony and statements from the Petitioner in its consideration of less restrictive treatment alternatives under N.D.C.C.  25-03.1-21, N.D.C.C. 25-03.1-23 and N.D.C.C. 25-03.1-31(1).

Appellee's Statement of the Issues:
Whether the district court erred by ordering hospitalization and finding that "a treatment program other than hospitalization is not suitable to the Respondent's treatment needs" (App. p. 8) without requiring a more comprehensive Petition for Continuing Treatment (App. p. 15, 15a), Report Assessing the Availability and Appropriateness for the Respondent of Treatment Programs other than Hospitalization (App. p. 13, 13a), Report of Examination (App. p. 14, 14a), as well as more thorough testimony and statements from the Petitioner in its consideration of less restrictive treatment alternatives under N.D.C.C. 25-03.1-21, N.D.C.C. 25-03.1-23 and N.D.C.C. 25-03.1-31(1).

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Docket entries:
108/05/2005 NOTICE OF APPEAL: 08/03/2005
208/05/2005 This case is CONFIDENTIAL
308/05/2005 RECORD ON APPEAL (with separate tape of proceeding)
408/05/2005 DISK - Appellant's Brief (emailed)
508/05/2005 APPELLANT BRIEF
608/05/2005 APPELLANT APPENDIX
708/08/2005 MOT. EXT/TIME APPELLANT BRIEF (faxed copy)
808/08/2005 E-FILED MOTION (MAT)
908/08/2005 ACTION BY DEPUTY CLERK (MAT). Granted: 08/05/2005
1008/08/2005 Reset due date for AEB because of extension for ATB
1108/08/2005 ACTION BY DEPUTY CLERK (MAE). Granted: 08/12/2005
1208/09/2005 Docket sheet of lower court for Appellant's Appendix
1308/09/2005 Notice of Appellant to be Present at Hearing
1408/11/2005 APPELLEE BRIEF
1508/12/2005 DISK - AEB
1608/17/2005 APPEARANCES: Jodie Koch Scherr; Kenneth L. Dalsted
1708/17/2005 ARGUED: Scherr; Dalsted
1808/31/2005 DISPOSITION: AFFIRMED
1908/31/2005 UNANIMOUS OPINION: Kapsner, Carol Ronning
2009/01/2005 Judgment Mailed to Parties
2109/22/2005 MANDATE
2209/27/2005 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 08/29/2014