Interest of B.L.S.

20060234 In the Interest of B.L.S.

Rick Eckroth, Petitioner and Appellee
v.
B.L.S., Respondent and Appellant

Appeal from: District Court, South Central Judicial District, Morton County
Judge Gail Hagerty
Nature of Action: Mental Health
Counsel:
Appellant: Gregory Ian Runge
Appellee: Brian David Grosinger , Asst. State's Attorney
Term: 09/2006   Argument: 09/21/2006  10:00am
ND cite: 2006 ND 218
NW cite: 723 N.W.2d 395


Issues: Appellant's Statement of the Issues:
I.Whether there was clear and convincing evidence to show that the respondent was "Mentally ill" and a "person requiring treatment" pursuant to 25-03.1-02 of the north dakota century code.
II.Whether there was clear and convincing evidence to show that authorization for forced medication on the respondent was proper pursuant to 25-03.1-18.1 of the North Dakota Century Code.
III.Whether the district court denied the appellee due process by ordering forced medication beyond that which was noticed by the psychiatrist and ordering forced medication not to used in the treatment of any mental illness.

Appellee's Statement of the Issues:
I. Whether there was clear and convincing evidence that the respondent is mentally ill and a person requiring treatment.
II. Whether the court correctly decided there was clear and convincing evidence on the issue of involuntary treatment with medication.
III. Whether the district court correctly decided the issue of involuntary treatment with non-psychotropic medication.

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Docket entries:
109/08/2006 NOTICE OF APPEAL: 09/08/2006
209/08/2006 MOTION FOR Temporary Stay and Specifications of Error
309/08/2006 ANNOUNCED DISQUALIFICATION: Sandstrom, Dale V.
409/08/2006 ACTION BY CHIEF JUSTICE (Mot. to Stay). Denied
509/08/2006 RECORD ON APPEAL & 3 tapes
609/11/2006 SITTING WITH THE COURT: Hodny, William F.
709/12/2006 APPELLANT BRIEF
809/12/2006 APPELLANT APPENDIX
909/12/2006 CD-Rom - ATB
1009/14/2006 Cassette tapes of treatment hearing of 9-5-06(three tapes labled 1-a; 1-b; & 1-c)
1109/14/2006 APPELLEE BRIEF
1209/14/2006 DISK - AEB
1309/15/2006 Notice of Appellant to be present at hearing
1409/20/2006 Notice of Issue Under Rule 42(c) of the N.D.R.App.P. & Motion to Dismiss Specific Issue
1509/21/2006 Response to Notice of Issue under Rule 42(c), N.D.R.App.P. and Motion to Dismiss
1609/21/2006 APPEARANCES: Gregory I. Runge, B.L.S.; Brian D. Grosinger
1709/21/2006 ARGUED: Runge; Grosinger
1810/20/2006 DISPOSITION: AFFIRMED/PT, REVERSED/PT
1910/20/2006 UNANIMOUS OPINION: Kapsner, Carol Ronning
2010/20/2006 NO ACTION TAKEN (MOT/Notice of Issue under Rule 42(c))
2110/20/2006 Judgment Mailed to Parties
2210/20/2006 MANDATE
2310/25/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 10/23/2014