Matter of Midgett
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| 20070109 |
In the Matter of Christopher James Midgett
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State of North Dakota, Petitioner and Appellee
v.
Christopher James Midgett, Respondent and Appellant
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| Appeal from: |
District Court,
Northeast Central Judicial District,
Grand Forks County
Judge Lawrence E. Jahnke |
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Nature of Action: |
Civil Commit of Sexual Predator
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| Counsel: |
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| Term: |
10/2007 Argument: 10/31/2007 09:05am
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| ND cite: |
2007 ND 198
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| NW cite: |
742 N.W.2d 803
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| 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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| 1 | | 04/20/2007 | |
NOTICE OF APPEAL: 04/19/2007 |
| 2 | | 04/25/2007 | |
ORDER FOR TRANSCRIPT: 04/20/2007 |
| 3 | | 05/10/2007 | |
Acknowledgment of OTR & Request for RETENTION OF RECORD ON APPEAL: 06/09/2007 |
| 4 | | 06/12/2007 | |
TRANSCRIPT DATED March 6, 2007 |
| 5 | | 06/15/2007 | |
DISK-TRA (3/6/07) |
| 6 | | 06/15/2007 | |
Clerk's Certificate of Service of copies of transcripts. |
| 7 | | 06/15/2007 | |
RECORD ON APPEAL w/Separates (Entry Nos. 43, 45, 47, 48, & 58). Not Rec'd Entry Nos. 31, 53, & 73. |
| 8 | | 07/20/2007 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 9 | | 07/23/2007 | |
ACTION BY CLERK (Motion for Extension of Time to file Appeallant's Brief). Granted: 07/29/2007 |
| 10 | | 07/30/2007 | |
APPELLANT BRIEF (e-filed) |
| 11 | | 07/30/2007 | |
E-FILED BRIEF (ATB) |
| 12 | | 07/30/2007 | |
APPELLANT APPENDIX (e-filed) PDF |
| 13 | | 07/30/2007 | |
E-FILED APPENDIX (ATA) PDF |
| 14 | | 08/02/2007 | |
Received $25 surcharge for ATB (Receipt #17640) |
| 15 | | 08/06/2007 | |
Received 7 copies of ATB from Central Duplicating. |
| 16 | | 08/09/2007 | |
Received 7 copies of ATA from Central Duplicating |
| 17 | | 08/28/2007 | |
APPELLEE BRIEF (e-filed) |
| 18 | | 08/28/2007 | |
E-FILED BRIEF (AEB) |
| 19 | | 08/28/2007 | |
APPELLEE APPENDIX (e-filed) PDF |
| 20 | | 08/28/2007 | |
E-FILED APPENDIX (AEA) PDF |
| 21 | | 08/30/2007 | |
Received $25 surcharge for AEB (Receipt #17672) |
| 22 | | 08/30/2007 | |
E-mail from Mr. Morley regarding Page 34 of ATA. |
| 23 | | 08/30/2007 | |
Consent of Peter Welte for Derick J. Roller received. |
| 24 | | 08/31/2007 | |
Received 7 copies of AEB from Central Duplicating |
| 25 | | 08/31/2007 | |
Received 6 copies of AEA from Central Duplicating |
| 26 | | 10/23/2007 | |
Letter from Dale Rivard dated 10-18-07 with corrected cites for AEB |
| 27 | | 10/31/2007 | |
APPEARANCES: Troy R. Morley; Dale R. Rivard |
| 28 | | 10/31/2007 | |
ARGUED: Morley; Rivard |
| 29 | | 12/13/2007 | |
DISPOSITION: AFFIRMED |
| 30 | | 12/13/2007 | |
SPLIT OPINION: Crothers, Daniel John |
| 31 | | 12/13/2007 | |
(DISSENT): Kapsner, Carol Ronning: DISSENT |
| 32 | | 12/14/2007 | |
Judgment e-mailed to Parties |
| 33 | | 01/08/2008 | |
MANDATE |
| 34 | | 01/11/2008 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |