Matter of Anderson

20060088 In the Matter of Jamal Joel Anderson
---------------
State of North Dakota, Petitioner and Appellee
v.
Jamal Joel Anderson, Respondent and Appellant

Appeal from: District Court, Southeast Judicial District, Stutsman County
Judge John T. Paulson
Nature of Action: Civil Commit of Sexual Predator
Counsel:
Appellee: Frederick Russell Fremgen , State's Attorney
Appellant: Thomas E. Merrick
Amicus curiae: Robert P. Bennett , Att. General Office
Term: 11/2006   Argument: 11/30/2006  10:45am
ND cite: 2007 ND 50
NW cite: 730 N.W.2d 570

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
1. Whether the trial court should have dismissed the petition because of the failure to hold the commitment hearing within the 60 day limit of N.D.C.C.  25-03.3-13.
2. Whether J.A. was denied his right to a jury trial as guaranteed by Article I  13 of the North Dakota Constitution.
3. Whether there was clear and convincing evidence that J.A. is a sexually dangerous individual and likely to engage in further acts of sexually predatory conduct which constitute a danger to the health or safety of others.

Appellee's Statement of the Issues:
I. Whether the trial court abused its discretion when it continued the commitment proceeding to the 78th day after the Preliminary Hearing.
II. Whether the trial court committed plain error by conducting a commitment proceeding by judge alone and never offering a jury trial.
III. Whether there is clear and convincing evidence supporting the trial court's decision to commit the respondent as a sexually dangerous individual.

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Docket entries:
103/27/2006 NOTICE OF APPEAL: 03/24/2006
204/19/2006 ORDER FOR TRANSCRIPT: 04/18/2006
304/24/2006 RETENTION OF RECORD ON APPEAL (Arnold Strand): 07/06/2006
404/24/2006 Acknowledgement of OTR & Appeal - requesting advance payment to Arnold E. Strand
505/15/2006 RECORD ON APPEAL (2 volumes)
605/17/2006 SUPPLEMENTAL CLERK'S CERTIFICATE OF RECORD DATED 5-16-06 (ENTRIES 82-84)
706/06/2006 MOT. EXT/TIME TRANSCRIPT (faxed)
806/06/2006 E-FILED MOTION (Mot/Ext/TRA)
906/06/2006 ACTION BY CHIEF DEPUTY CLERK (MTR). Granted: 07/06/2006
1006/06/2006 RETURN OF ROA & Supplemental TO DIST. CT.
1107/05/2006 TRANSCRIPT DATED February 8 & 15, 2006
1207/07/2006 DISK - tra (2/8 & 2/15/06)
1307/10/2006 Refiled RECORD ON APPEAL (2 vols.) and Exhibits
1408/11/2006 APPELLANT BRIEF (e-filed)
1508/11/2006 APPELLANT APPENDIX (e-filed - pdf)
1608/11/2006 E-FILED BRIEF (atb)
1708/11/2006 E-FILED APPENDIX (ata)
1808/11/2006 Payment of surcharge for ATB & ATA (Receipt #16941)
1908/18/2006 Received 7 copies of ATB & 6 copies of ATA from Central Duplicating
2009/07/2006 Request to file Amicus Curiae Brief (letter from Robert Bennett dated 9-7-06)
2109/08/2006 ACTION BY CHIEF JUSTICE (Req/File/ACB). Granted
2209/07/2006 AMICUS CURIAE BRIEF (State of North Dakota)
2309/07/2006 DISK - Amicus Curiae Brief (e-mailed)
2409/08/2006 APPELLEE BRIEF (e-filed)
2509/08/2006 E-FILED BRIEF (AEB)
2609/08/2006 MOTION to Supplement Record (entitled "Petitioner's Appendix")
2709/08/2006 E-FILED MOTION (Motion to Supplement the Record)
2809/12/2006 Received $25 surcharge for AEB
2909/12/2006 Seven copies of AEB made
3009/13/2006 ACTION BY CHIEF JUSTICE (Motion to Supplement the Record). Denied
3109/19/2006 REPLY BRIEF of Appellant
3209/19/2006 E-FILED BRIEF (RYB)
3309/20/2006 Made seven copies of RYB
3409/20/2006 Corrected Affidavit/Serv/Mail showing electronic service of RYB on counsel
3509/21/2006 Clerk's Supp. Cert. of Record on Appeal dated September 20, 2006, with entires 92-94 attached
3611/30/2006 APPEARANCES: Thomas E. Merrick; Fritz R. Fremgen
3711/30/2006 ARGUED: Merrick; Fremgen
3811/30/2006 ORAL ARGUMENT WEBCAST
3904/10/2007 DISPOSITION: AFFIRMED
4004/10/2007 SPLIT OPINION: Sandstrom, Dale V.
4104/10/2007 (DISSENT): Kapsner, Carol Ronning: DISSENT
4204/11/2007 Judgment Mailed to Parties
4304/17/2007 Corrected Opinion Pages (24 - 27)
4405/04/2007 MANDATE
4505/08/2007 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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