Interest of M.M.

20050399 In the Interest of M.M.

William Pryatel, M.D.,
North Dakota State Hospital, Petitioner and Appellee
v.
M.M., Respondent and Appellant

Appeal from: District Court, Southeast Judicial District, Stutsman County
Judge Mikal Simonson
Nature of Action: Mental Health
Counsel:
Appellant: Jodie Koch Scherr
Appellee: Jay Anthony Schmitz , State's Attorney
Term: 12/2005   Argument: 12/08/2005  10:45am
ND cite: 2005 ND 219
NW cite: 707 N.W.2d 78


Issues: 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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Docket entries:
111/25/2005 NOTICE OF APPEAL: 11/23/2005
211/25/2005 ORDER FOR TRANSCRIPT: 11/23/2005
311/25/2005 RECORD ON APPEAL
411/23/2005 APPELLANT BRIEF
511/23/2005 APPELLANT APPENDIX
611/23/2005 Affidavit of Personal Service of Appellant's Brief and Appendix
711/28/2005 TRANSCRIPT DATED November 16, 2005
811/28/2005 DISK - tra (11/16/05) (e-mailed)
912/01/2005 DISK - atb (e-mailed)
1012/01/2005 APPELLEE BRIEF (e-filed)
1112/01/2005 E-FILED BRIEF (AEB)
1212/05/2005 Payment of $25 fee for filing electronic AEB (Receipt #16681)
1312/07/2005 Notice of Appellant to be Present at Hearing (faxed)
1412/08/2005 APPEARANCES: Jodie Koch Scherr; Jay A. Schmitz, State's Attorney
1512/08/2005 ARGUED: Scherr; Schmitz
1612/20/2005 DISPOSITION: AFFIRMED
1712/20/2005 SPLIT OPINION: VandeWalle, Gerald W.
1812/20/2005 (DISSENT): Kapsner, Carol Ronning: DISSENT
1912/20/2005 (JOIN DISSENT): Crothers, Daniel John: JN/DIS
2012/21/2005 Judgment Mailed to Parties
2101/19/2006 MANDATE
2201/23/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 09/19/2014