Matter of R.A.S.
In the Matter of R.A.S.
Cass County State's Attorney, Appellee
East Central Judicial District,
Judge Steven E. McCullough
|Nature of Action:||Civil Commit of Sexual Predator|
|Term:||09/2008  Argument: 09/03/2008|
|ND cite:||2008 ND 185|
756 N.W.2d 771
Listen to recording of oral argument in MP3 format
Appellant's Statement of the Issues:|
I. Whether the State proved by clear and convincing evidence that Respondent is likely to engage in further acts of sexually predatory conduct, when Dr. Gilbertson opined that Respondent was not likely to engage in further acts of sexually predatory conduct?
II. 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, and where the State's expert admitted that North Dakota has the lowest standard in the country to commit?
Appellee's Statement of the Issues:
I.Whether the State has proven by clear and convincing evidence that RAS remains a sexually dangerous individual and is likely to engage in further acts of sexually predatory conduct.
II.Whether RAS's substantive due process rights were denied when he was provided his annual review under N.D.C.C. ch. 25-03.3, regardless of his failure to complete the five phases of dangerous sexual offender treatment, and RAS may continue to annually petition the district court for discharge from his commitment.
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|1||02/13/2008 NOTICE OF APPEAL: 02/12/2008|
|2||02/13/2008 ORDER FOR TRANSCRIPT: 02/12/2008|
|3||03/04/2008 RETENTION OF RECORD ON APPEAL: 04/02/2008|
|4||04/03/2008 MOT. EXT/TIME TRANSCRIPT|
|5||04/03/2008 ACTION BY TRIAL COURT - MTR. Granted: 04/09/2008|
|6||04/10/2008 RECORD ON APPEAL (2 Volumes) & separates (Entry Nos. 89 & 92).|
|7||04/10/2008 Not rec'd w/ROA Entry Nos. 8, 14, 21, 27, 37, 53, 61, 75, 94 & 95|
|8||04/10/2008 TRANSCRIPT DATED January 14, 2008|
|9||04/10/2008 DISK - tra (1-14-08) (e-mailed)|
|10||04/11/2008 Certificate of Service of Transcript|
|11||04/11/2008 MOT. EXT/TIME TRANSCRIPT (sua sponte)|
|12||04/11/2008 ACTION BY DEPUTY CLERK (MTR) (Sua Sponte). Granted: 04/10/2008|
|13||05/23/2008 APPELLANT BRIEF|
|14||05/23/2008 APPELLANT APPENDIX|
|15||05/27/2008 DISK of ATB (CD - pdf)|
|16||05/27/2008 Motion to Allow Filing of Brief & Affidavit|
|17||05/28/2008 ACTION BY CLERK (MAT). Granted: 05/23/2008|
|18||06/25/2008 APPELLEE BRIEF (e-filed)|
|19||06/25/2008 E-FILED BRIEF (AEB)|
|20||07/02/2008 Received $25 surcharge for AEB (Receipt #18161)|
|21||07/08/2008 Received 7 copies of AEB from Central Duplicating.|
|22||09/03/2008 APPEARANCES: Richard E. Edinger; Birch P. Burdick|
|23||09/03/2008 ARGUED: Edinger; Burdick|
|24||09/03/2008 ORAL ARGUMENT WEBCAST|
|25||10/22/2008 DISPOSITION: REVERSED AND REMANDED|
|26||10/22/2008 UNANIMOUS OPINION: Maring, Mary Muehlen|
|27||10/23/2008 Judgment e-mailed to Parties|
|29||11/17/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|