Matter of E.W.F.

20080037 In the Matter of E.W.F.
-------------
Cass County State's Attorney, Petitioner and Appellee
v.
E.W.F., Respondent and Appellant

Appeal from: District Court, East Central Judicial District, Cass County
Judge Steven E. McCullough
Nature of Action: Civil Commit of Sexual Predator
Counsel:
Appellant: Richard Edward Edinger
Appellee: Ryan James Younggren , Asst. State's Attorney
Term: 06/2008   Argument: 06/02/2008  1:30pm
ND cite: 2008 ND 130
NW cite: 751 N.W.2d 686

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
Whether the State proved by clear and convincing evidence that Respondent is likely to engage in further acts of sexually predatory conduct, where the State did not offer into evidence Dr. Sullivan's written evaluation, but instead relied solely on Dr. Sullivan's conclusory statements?
Whether Respondent's substantive due process rights have been violated because his commitment proceeding is a mechanism for retribution and circumvents the criminal justice system where he was originally committed due to a pedophile's evaluation, the state hospital has a zero percent treatment rate, he has been at the state hospital for nine years, and where Dr. Sullivan opined it would be futile for him to petition for discharge next year?

Appellee's Statement of the Issues:
I.Whether the State has proven by clear and convincing evidence that E.W.F. remains a sexually dangerous individual and is likely to engage in further acts of sexually predatory conduct.
II.Whether E.W.F.'s substantive due process rights are denied even though he may still annually petition the court to be discharged from the State Hospital, regardless of his failure to complete the five phases of dangerous sexual offender treatment.

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Docket entries:
102/07/2008 NOTICE OF APPEAL: 02/06/2008
202/07/2008 ORDER FOR TRANSCRIPT: 02/06/2008
303/04/2008 RETENTION OF RECORD ON APPEAL: 03/27/2008
403/27/2008 TRANSCRIPT DATED January 3, 2008
503/27/2008 DISK - TRA (1-3-08) (e-mailed)
603/28/2008 Certificate of Service of TRA
703/28/2008 RECORD ON APPEAL Not sent was No. 26 (Tape)
804/14/2008 APPELLANT BRIEF
904/14/2008 APPELLANT APPENDIX
1004/15/2008 Certificate of Service of ATB
1104/18/2008 DISK NONCOMPLIANCE - ATB prepared on iMac (letter form)(ATB scanned)
1205/15/2008 APPELLEE BRIEF (e-filed)
1305/15/2008 E-FILED BRIEF (AEB)
1405/15/2008 APPELLEE APPENDIX (e-filed)
1505/15/2008 E-FILED APPENDIX (AEA)
1605/21/2008 Received $25.00 surcharge for AEB (Receipt #18114)
1705/27/2008 Received copies of Appellee's Brief from Central Duplicating
1805/27/2008 Received copies of Appellee's Appendix from Central Duplicating
1906/02/2008 APPEARANCES: Richard E. Edinger; Ryan J. Younggren
2006/02/2008 ARGUED: Edinger; Younggren
2106/02/2008 ORAL ARGUMENT WEBCAST
2206/26/2008 DISPOSITION: AFFIRMED
2306/26/2008 UNANIMOUS OPINION: Kapsner, Carol Ronning
2406/26/2008 (CONCUR in result): Sandstrom, Dale V.: CON/RES
2506/30/2008 Judgment e-mailed to Parties
2607/18/2008 MANDATE
2707/22/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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