Interest of M.M.
In the Interest of M.M.
William Pryatel, M.D.,
North Dakota State Hospital, Petitioner and Appellee
M.M., Respondent and Appellant
Southeast Judicial District,
Judge Mikal Simonson
|Nature of Action:||Mental Health|
|Term:||12/2005  Argument: 12/08/2005|
|ND cite:||2005 ND 219|
707 N.W.2d 78
Appellant's Statement of the Issues:|
Whether there is sufficient evidence to find that the respondent is a "mentally ill person" as set forth under N.D.C.C. 25-03.1-02(11)?
Whether the district court erred in its findings that the respondent is "person requiring treatment" with a serious risk of harm of substantial deterioration in physical health or disease under N.D.C.C. 25-03.1-02(12)?
Whether the district court erred by finding that there are no lesser restrictive alternatives for treatment available pursuant to N.D.C.C. 25-03.1-21?
Whether court ordered medication is the least restrictive form of intervention available for M.M.'s treatment under N.D.C.C. 25-03.1-18.1?
Appellee's Statement of the Issues:
1.Whether the district court's finding that M.M. is mentally ill was clearly erroneous?
2.Whether the district court's finding that M.M. is a person requiring treatment was clearly erroneous?
3.Whether the district court's finding that no less restrictive treatment alternative was available or suitable for M.M.'s condition was clearly erroneous?
4.Whether the district court's findings in support of the order for involuntary treatment with medication were clearly erroneous?
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|1||11/25/2005 NOTICE OF APPEAL: 11/23/2005|
|2||11/25/2005 ORDER FOR TRANSCRIPT: 11/23/2005|
|3||11/25/2005 RECORD ON APPEAL|
|4||11/23/2005 APPELLANT BRIEF|
|5||11/23/2005 APPELLANT APPENDIX|
|6||11/23/2005 Affidavit of Personal Service of Appellant's Brief and Appendix|
|7||11/28/2005 TRANSCRIPT DATED November 16, 2005|
|8||11/28/2005 DISK - tra (11/16/05) (e-mailed)|
|9||12/01/2005 DISK - atb (e-mailed)|
|10||12/01/2005 APPELLEE BRIEF (e-filed)|
|11||12/01/2005 E-FILED BRIEF (AEB)|
|12||12/05/2005 Payment of $25 fee for filing electronic AEB (Receipt #16681)|
|13||12/07/2005 Notice of Appellant to be Present at Hearing (faxed)|
|14||12/08/2005 APPEARANCES: Jodie Koch Scherr; Jay A. Schmitz, State's Attorney|
|15||12/08/2005 ARGUED: Scherr; Schmitz|
|16||12/20/2005 DISPOSITION: AFFIRMED|
|17||12/20/2005 SPLIT OPINION: VandeWalle, Gerald W.|
|18||12/20/2005 (DISSENT): Kapsner, Carol Ronning: DISSENT|
|19||12/20/2005 (JOIN DISSENT): Crothers, Daniel John: JN/DIS|
|20||12/21/2005 Judgment Mailed to Parties|
|22||01/23/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|23||02/17/2016 EXPUNGED - Nonpermanent record items destroyed|