Matter of Midgett

20070109 In the Matter of Christopher James Midgett
---------------------
State of North Dakota, Petitioner and Appellee
v.
Christopher James Midgett, Respondent and Appellant

Appeal from: District Court, Northeast Central Judicial District, Grand Forks County
Judge Lawrence E. Jahnke
Nature of Action: Civil Commit of Sexual Predator
Counsel:
Appellant: Troy Robert Morley
Appellee: Dale Richard Rivard , Asst. State's Attorney
Term: 10/2007   Argument: 10/31/2007  9:05am
ND cite: 2007 ND 198
NW cite: 742 N.W.2d 803

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I.Were Mr. Midgett's Constitutional rights violated when the district court judge allowed testimony and evidence derived from allegations made by witnesses Mr. Midgett never had the chance to confront?

Appellee's Statement of the Issues:
I.Whether Mr. Midget's Sixth Amendment Right to Confront Witnesses was violated during his civil commitment proceeding?
II.Whether the District Court was clearly erroneous by allowing into evidence the reports and testimony of expert psychologists determining Mr. Midget was a sexually dangerous individual?

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Docket entries:
104/20/2007 NOTICE OF APPEAL: 04/19/2007
204/25/2007 ORDER FOR TRANSCRIPT: 04/20/2007
305/10/2007 Acknowledgment of OTR & Request for RETENTION OF RECORD ON APPEAL: 06/09/2007
406/12/2007 TRANSCRIPT DATED March 6, 2007
506/15/2007 DISK-TRA (3/6/07)
606/15/2007 Clerk's Certificate of Service of copies of transcripts.
706/15/2007 RECORD ON APPEAL w/Separates (Entry Nos. 43, 45, 47, 48, & 58). Not Rec'd Entry Nos. 31, 53, & 73.
807/20/2007 MOT. EXT/TIME APPELLANT BRIEF
907/23/2007 ACTION BY CLERK (Motion for Extension of Time to file Appeallant's Brief). Granted: 07/29/2007
1007/30/2007 APPELLANT BRIEF (e-filed)
1107/30/2007 E-FILED BRIEF (ATB)
1207/30/2007 APPELLANT APPENDIX (e-filed) PDF
1307/30/2007 E-FILED APPENDIX (ATA) PDF
1408/02/2007 Received $25 surcharge for ATB (Receipt #17640)
1508/06/2007 Received 7 copies of ATB from Central Duplicating.
1608/09/2007 Received 7 copies of ATA from Central Duplicating
1708/28/2007 APPELLEE BRIEF (e-filed)
1808/28/2007 E-FILED BRIEF (AEB)
1908/28/2007 APPELLEE APPENDIX (e-filed) PDF
2008/28/2007 E-FILED APPENDIX (AEA) PDF
2108/30/2007 Received $25 surcharge for AEB (Receipt #17672)
2208/30/2007 E-mail from Mr. Morley regarding Page 34 of ATA.
2308/30/2007 Consent of Peter Welte for Derick J. Roller received.
2408/31/2007 Received 7 copies of AEB from Central Duplicating
2508/31/2007 Received 6 copies of AEA from Central Duplicating
2610/23/2007 Letter from Dale Rivard dated 10-18-07 with corrected cites for AEB
2710/31/2007 APPEARANCES: Troy R. Morley; Dale R. Rivard
2810/31/2007 ARGUED: Morley; Rivard
2912/13/2007 DISPOSITION: AFFIRMED
3012/13/2007 SPLIT OPINION: Crothers, Daniel John
3112/13/2007 (DISSENT): Kapsner, Carol Ronning: DISSENT
3212/14/2007 Judgment e-mailed to Parties
3301/08/2008 MANDATE
3401/11/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 12/19/2014