Interest of P.F.

20050302 In the Interest of P.F.
------------
Cynthia M. Feland, Petitioner and Appellee
v.
P.F., Respondent and Appellant

Appeal from: District Court, South Central Judicial District, Burleigh County
Judge Robert O. Wefald
Nature of Action: Civil Commit of Sexual Predator
Counsel:
Appellant: Kent M. Morrow
Appellee: Cynthia Mae Feland , Asst. State's Attorney
Term: 02/2006   Argument: 02/07/2006  9:30am
ND cite: 2006 ND 82
NW cite: 712 N.W.2d 610

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Issues: Appellant's Statement of the Issues:
1. Did the Trial Court commit reversible error by its finding of probable cause at the preliminary hearing on April 15, 2005?
2. Did the Trial Court commit reversible error by not having a final commitment hearing within 60 days of the preliminary hearing?
3. Was there clear and convincing evidence that P.F. was a sexually dangerous offender?

Appellee's Statement of the Issues:
1. The District Court's determination that there was probable cause to order an evaluation of P.F. was appropriate.
2. The District Court's finding of good cause for continuing the commitment hearing outside the 60 days time period was appropriate.
3. The District Court's determination that there was clear and convincing evidence that P.F. was a sexually dangerous individual likely to engage in further acts of sexually predatory conduct was appropriate.

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Docket entries:
109/02/2005 NOTICE OF APPEAL: 09/01/2005
209/02/2005 (CONFIDENTIAL)
309/02/2005 ORDER FOR TRANSCRIPT: 09/01/2005
409/30/2005 RETENTION OF RECORD ON APPEAL: 10/21/2005
510/20/2005 TRANSCRIPT DATED July 19, 2005
610/20/2005 DISK - TRA of 7-19-05
710/24/2005 RECORD ON APPEAL, original TRA dated 4-15-05; original & 1 copy of TRA of Telephone Conference
810/24/2005 dated 6-15-05 & the original & 1 copy of TRA of Telephonic Hearing dated 6-15-05 (NOT REC'D:
910/24/2005 #8 & 46 --Court Reporter Notes)
1011/29/2005 APPELLANT BRIEF
1111/29/2005 APPELLANT APPENDIX
1211/29/2005 DISK - atb (e-mailed)
1312/21/2005 APPELLEE BRIEF
1412/21/2005 APPELLEE APPENDIX
1512/30/2005 Motion for ext. of time to make corrections to AEB (letter dated 12-28-05)
1612/30/2005 ACTION BY CLERK (re corrections to AEB). Granted: 01/10/2006
1701/03/2006 Corrected Table of Authorities and page for AEB
1801/03/2006 DISK - AEB (e-mailed)
1902/07/2006 APPEARANCES: Kent M. Morrow; Cynthia M. Feland
2002/07/2006 ARGUED: Morrow; Feland
2102/07/2006 ORAL ARGUMENT WEBCAST
2204/19/2006 DISPOSITION: AFFIRMED
2304/19/2006 SPLIT OPINION: Crothers, Daniel John
2404/19/2006 (CONCUR): Kapsner, Carol Ronning: CONCUR
2504/20/2006 Judgment Mailed to Parties
2605/08/2006 PETITION FOR REHEARING (e-filed)
2705/08/2006 E-FILED BRIEF (pet/rehearing)
2805/08/2006 Copies made of PER
2905/09/2006 Mot. Ext/Time Petition for Rehearing (faxed)
3005/09/2006 E-FILED MOTION (Mot/Ext/PER)
3105/09/2006 ACTION BY CLERK. Granted: 05/08/2006
3205/11/2006 ACTION BY SUPREME COURT (PER). Denied
3305/22/2006 MANDATE
3405/25/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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