Interest of B.V.
In the Interest of B.V.
Cynthia M. Feland, Petitioner and Appellee
B.V., Respondent and Appellant
South Central Judicial District,
Judge Bruce B. Haskell
|Nature of Action:||Civil Commit of Sexual Predator|
|Term:||01/2006  Argument: 01/10/2006|
|ND cite:||2006 ND 22|
708 N.W.2d 877
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
1.Did the trial court err when it determined that there was clear and convincing evidence that B.V. was a sexually dangerous individual likely to engage in further acts of sexually predatory conduct?
2. Did the trial court err when it ruled that factors surrounding B.V.'s termination from a sexual offender treatment program at the North Dakota State Penitentiary was not relevant at the civil commitment hearing?
3. Did the trial court err in not conducting the commitment hearing within the statutory sixty (60) days period?
4. Did the trial court err by refusing to allow B.V. to represent himself at the Commitment Hearing?
Appellee's Statement of the Issues:
1.The District Court's determination that there was clear and convincing evidence that B.V. was a sexually dangerous individual likely to engage in further acts of sexually predatory conduct was appropriate.
2.Evidence of sexual offender treatment program options is not relevant to a determination as to whether a person is a sexually dangerous individual likely to engage in further acts of sexually predatory conduct.
3.A respondent is not entitled to multiple modifications of a court appointed independent examiner.
4.Respondent was not entitled to appointment of new counsel.
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|1||09/01/2005 NOTICE OF APPEAL: 08/26/2005|
|3||09/01/2005 ORDER FOR TRANSCRIPT: 08/26/2005|
|4||09/27/2005 RECORD ON APPEAL - includes tra dtd 11-1-04 & exhibits|
|5||09/30/2005 TRANSCRIPT DATED August 22, 2005|
|6||09/30/2005 DISK - TRA (8-22-05)|
|7||11/08/2005 APPELLANT BRIEF|
|8||11/08/2005 APPELLANT APPENDIX|
|9||11/09/2005 DISK of atb (electronically transmitted)|
|10||12/08/2005 APPELLEE BRIEF|
|11||12/08/2005 APPELLEE APPENDIX|
|12||12/08/2005 DISK - aeb (e-mailed)|
|13||01/10/2006 APPEARANCES: Kent M. Morrow; Cynthia M. Feland|
|14||01/10/2006 ARGUED: Morrow; Feland|
|15||01/10/2006 ORAL ARGUMENT WEBCAST|
|16||01/31/2006 DISPOSITION: AFFIRMED|
|17||01/31/2006 UNANIMOUS OPINION: VandeWalle, Gerald W.|
|18||02/02/2006 Judgment Mailed to Parties|
|20||03/01/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|21||01/08/2016 EXPUNGED - Nonpermanent record items destroyed|