Interest of B.V.

20050300 In the Interest of B.V.
--------
Cynthia M. Feland, Petitioner and Appellee
v.
B.V., Respondent and Appellant

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Bruce B. Haskell
Nature of Action: Civil Commit of Sexual Predator
Counsel:
Appellant: Kent M. Morrow
Appellee: Cynthia Mae Feland , Asst. State's Attorney
Term: 01/2006   Argument: 01/10/2006  10:00am
ND cite: 2006 ND 22
NW cite: 708 N.W.2d 877

Listen to recording of oral argument in MP3 format

Issues: 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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Docket entries:
109/01/2005 NOTICE OF APPEAL: 08/26/2005
209/01/2005 "CONFIDENTIAL"
309/01/2005 ORDER FOR TRANSCRIPT: 08/26/2005
409/27/2005 RECORD ON APPEAL - includes tra dtd 11-1-04 & exhibits
509/30/2005 TRANSCRIPT DATED August 22, 2005
609/30/2005 DISK - TRA (8-22-05)
711/08/2005 APPELLANT BRIEF
811/08/2005 APPELLANT APPENDIX
911/09/2005 DISK of atb (electronically transmitted)
1012/08/2005 APPELLEE BRIEF
1112/08/2005 APPELLEE APPENDIX
1212/08/2005 DISK - aeb (e-mailed)
1301/10/2006 APPEARANCES: Kent M. Morrow; Cynthia M. Feland
1401/10/2006 ARGUED: Morrow; Feland
1501/10/2006 ORAL ARGUMENT WEBCAST
1601/31/2006 DISPOSITION: AFFIRMED
1701/31/2006 UNANIMOUS OPINION: VandeWalle, Gerald W.
1802/02/2006 Judgment Mailed to Parties
1902/27/2006 MANDATE
2003/01/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 12/19/2014