Matter of Anderson
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| 20060088 |
In the Matter of Jamal Joel Anderson
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State of North Dakota, Petitioner and Appellee
v.
Jamal Joel Anderson, Respondent and Appellant
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| Appeal from: |
District Court,
Southeast Judicial District,
Stutsman County
Judge John T. Paulson |
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Nature of Action: |
Civil Commit of Sexual Predator
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| Counsel: |
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| Term: |
11/2006 Argument: 11/30/2006 10:45am
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| ND cite: |
2007 ND 50
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| NW cite: |
730 N.W.2d 570
Listen to recording of oral argument
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| 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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| 1 | | 03/27/2006 | |
NOTICE OF APPEAL: 03/24/2006 |
| 2 | | 04/19/2006 | |
ORDER FOR TRANSCRIPT: 04/18/2006 |
| 3 | | 04/24/2006 | |
RETENTION OF RECORD ON APPEAL (Arnold Strand): 07/06/2006 |
| 4 | | 04/24/2006 | |
Acknowledgement of OTR & Appeal - requesting advance payment to Arnold E. Strand |
| 5 | | 05/15/2006 | |
RECORD ON APPEAL (2 volumes) |
| 6 | | 05/17/2006 | |
SUPPLEMENTAL CLERK'S CERTIFICATE OF RECORD DATED 5-16-06 (ENTRIES 82-84) |
| 7 | | 06/06/2006 | |
MOT. EXT/TIME TRANSCRIPT (faxed) |
| 8 | | 06/06/2006 | |
E-FILED MOTION (Mot/Ext/TRA) |
| 9 | | 06/06/2006 | |
ACTION BY CHIEF DEPUTY CLERK (MTR). Granted: 07/06/2006 |
| 10 | | 06/06/2006 | |
RETURN OF ROA & Supplemental TO DIST. CT. |
| 11 | | 07/05/2006 | |
TRANSCRIPT DATED February 8 & 15, 2006 |
| 12 | | 07/07/2006 | |
DISK - tra (2/8 & 2/15/06) |
| 13 | | 07/10/2006 | |
Refiled RECORD ON APPEAL (2 vols.) and Exhibits |
| 14 | | 08/11/2006 | |
APPELLANT BRIEF (e-filed) |
| 15 | | 08/11/2006 | |
APPELLANT APPENDIX (e-filed - pdf) |
| 16 | | 08/11/2006 | |
E-FILED BRIEF (atb) |
| 17 | | 08/11/2006 | |
E-FILED APPENDIX (ata) |
| 18 | | 08/11/2006 | |
Payment of surcharge for ATB & ATA (Receipt #16941) |
| 19 | | 08/18/2006 | |
Received 7 copies of ATB & 6 copies of ATA from Central Duplicating |
| 20 | | 09/07/2006 | |
Request to file Amicus Curiae Brief (letter from Robert Bennett dated 9-7-06) |
| 21 | | 09/08/2006 | |
ACTION BY CHIEF JUSTICE (Req/File/ACB). Granted |
| 22 | | 09/07/2006 | |
AMICUS CURIAE BRIEF (State of North Dakota) |
| 23 | | 09/07/2006 | |
DISK - Amicus Curiae Brief (e-mailed) |
| 24 | | 09/08/2006 | |
APPELLEE BRIEF (e-filed) |
| 25 | | 09/08/2006 | |
E-FILED BRIEF (AEB) |
| 26 | | 09/08/2006 | |
MOTION to Supplement Record (entitled "Petitioner's Appendix") |
| 27 | | 09/08/2006 | |
E-FILED MOTION (Motion to Supplement the Record) |
| 28 | | 09/12/2006 | |
Received $25 surcharge for AEB |
| 29 | | 09/12/2006 | |
Seven copies of AEB made |
| 30 | | 09/13/2006 | |
ACTION BY CHIEF JUSTICE (Motion to Supplement the Record). Denied |
| 31 | | 09/19/2006 | |
REPLY BRIEF of Appellant |
| 32 | | 09/19/2006 | |
E-FILED BRIEF (RYB) |
| 33 | | 09/20/2006 | |
Made seven copies of RYB |
| 34 | | 09/20/2006 | |
Corrected Affidavit/Serv/Mail showing electronic service of RYB on counsel |
| 35 | | 09/21/2006 | |
Clerk's Supp. Cert. of Record on Appeal dated September 20, 2006, with entires 92-94 attached |
| 36 | | 11/30/2006 | |
APPEARANCES: Thomas E. Merrick; Fritz R. Fremgen |
| 37 | | 11/30/2006 | |
ARGUED: Merrick; Fremgen |
| 38 | | 11/30/2006 | |
ORAL ARGUMENT WEBCAST |
| 39 | | 04/10/2007 | |
DISPOSITION: AFFIRMED |
| 40 | | 04/10/2007 | |
SPLIT OPINION: Sandstrom, Dale V. |
| 41 | | 04/10/2007 | |
(DISSENT): Kapsner, Carol Ronning: DISSENT |
| 42 | | 04/11/2007 | |
Judgment Mailed to Parties |
| 43 | | 04/17/2007 | |
Corrected Opinion Pages (24 - 27) |
| 44 | | 05/04/2007 | |
MANDATE |
| 45 | | 05/08/2007 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |