Matter of R.A.S.
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| 20080043 |
In the Matter of R.A.S.
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Cass County State's Attorney, Appellee
v.
R.A.S., Appellant
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| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Steven E. McCullough |
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Nature of Action: |
Civil Commit of Sexual Predator
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| Counsel: |
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| Term: |
09/2008 Argument: 09/03/2008 02:45pm
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| ND cite: |
2008 ND 185
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| NW cite: |
756 N.W.2d 771
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| 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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| 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 |
| 28 | | 11/12/2008 | |
MANDATE |
| 29 | | 11/17/2008 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |