Matter of R.A.S.

20080043 In the Matter of R.A.S.
------------
Cass County State's Attorney, Appellee
v.
R.A.S., 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: Birch Peterson Burdick , State's Attorney
Term: 09/2008   Argument: 09/03/2008  2:45pm
ND cite: 2008 ND 185
NW cite: 756 N.W.2d 771

Listen to recording of oral argument in MP3 format

Issues: 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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Docket entries:
102/13/2008 NOTICE OF APPEAL: 02/12/2008
202/13/2008 ORDER FOR TRANSCRIPT: 02/12/2008
303/04/2008 RETENTION OF RECORD ON APPEAL: 04/02/2008
404/03/2008 MOT. EXT/TIME TRANSCRIPT
504/03/2008 ACTION BY TRIAL COURT - MTR. Granted: 04/09/2008
604/10/2008 RECORD ON APPEAL (2 Volumes) & separates (Entry Nos. 89 & 92).
704/10/2008 Not rec'd w/ROA Entry Nos. 8, 14, 21, 27, 37, 53, 61, 75, 94 & 95
804/10/2008 TRANSCRIPT DATED January 14, 2008
904/10/2008 DISK - tra (1-14-08) (e-mailed)
1004/11/2008 Certificate of Service of Transcript
1104/11/2008 MOT. EXT/TIME TRANSCRIPT (sua sponte)
1204/11/2008 ACTION BY DEPUTY CLERK (MTR) (Sua Sponte). Granted: 04/10/2008
1305/23/2008 APPELLANT BRIEF
1405/23/2008 APPELLANT APPENDIX
1505/27/2008 DISK of ATB (CD - pdf)
1605/27/2008 Motion to Allow Filing of Brief & Affidavit
1705/28/2008 ACTION BY CLERK (MAT). Granted: 05/23/2008
1806/25/2008 APPELLEE BRIEF (e-filed)
1906/25/2008 E-FILED BRIEF (AEB)
2007/02/2008 Received $25 surcharge for AEB (Receipt #18161)
2107/08/2008 Received 7 copies of AEB from Central Duplicating.
2209/03/2008 APPEARANCES: Richard E. Edinger; Birch P. Burdick
2309/03/2008 ARGUED: Edinger; Burdick
2409/03/2008 ORAL ARGUMENT WEBCAST
2510/22/2008 DISPOSITION: REVERSED AND REMANDED
2610/22/2008 UNANIMOUS OPINION: Maring, Mary Muehlen
2710/23/2008 Judgment e-mailed to Parties
2811/12/2008 MANDATE
2911/17/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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