Matter of Midgett

20080255 In the Matter of Christopher James Midgett
----------------------
State of North Dakota, Petitioner and Appellee
v.
Christopher James Midgett, Respondent and Appellant

Appeal from: District Court, Northeast Central Judicial District, Grand Forks County
Judge Lawrence E. Jahnke
Nature of Action: Civil Commit of Sexual Predator
Counsel:
Appellant: Troy Robert Morley
Appellee: Dale Richard Rivard , Asst. State's Attorney
Term: 05/2009   Argument: 05/15/2009  1:30pm
ND cite: 2009 ND 106
NW cite: 766 N.W.2d 717

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Issues: Appellant's Statement of the Issues:
Whether the District Court erred in determining that the State established by clear and convincing evidence that Midgett remains a sexually dangerous individual as defined by N.D. Cent. Code  25-03.3-01(8).

Appellee's Statement of the Issues:
Whether the District Court erred in determining that the State established by clear and convincing evidence that Mr. Midgett remains a sexually dangerous individual as defined by N.D.C.C.  25-03.3-01(8).

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Docket entries:
110/08/2008 NOTICE OF APPEAL: 10/02/2008
210/08/2008 ORDER FOR TRANSCRIPT: 10/02/2008
310/08/2008 RETENTION OF RECORD ON APPEAL: 11/21/2008
411/07/2008 TRANSCRIPT DATED August 20, 2008
511/10/2008 Certificate of Service of TRA
611/10/2008 DISK - TRA (8-20-08)
711/13/2008 RECORD ON APPEAL (2 Vol.) and separates including transcript dated 3-6-07. Not received were Nos.
811/13/2008 31, 53, 73, & 135 (Steno Notes)
912/12/2008 MOT. EXT/TIME APPELLANT BRIEF
1012/12/2008 ACTION BY CLERK (MAT). Granted: 01/16/2009
1112/12/2008 E-FILED MOTION (MAT)
1212/22/2008 Brief in response to Motion for Extension of Time to File Appellant's Brief
1301/16/2009 APPELLANT BRIEF (e-filed) PDF
1401/16/2009 E-FILED BRIEF (ATB) PDF
1501/16/2009 APPELLANT APPENDIX (e-filed) PDF (withdrawn see 1/23/09 e-mail ltr)
1601/16/2009 E-FILED APPENDIX (ATA) PDF (withdrawn see 1/23/09 e-mail ltr)
1701/21/2009 Received $25 e-filing surcharge for ATB (Receipt #18690).
1801/23/2009 APPELLANT APPENDIX (e-filed) PDF
1901/23/2009 E-FILED APPENDIX (ATA) PDF
2001/26/2009 Received 7 copies of ATB from Central Duplicating
2101/27/2009 Received 6 copies of ATA from Central Duplicating.
2202/13/2009 APPELLEE BRIEF (e-filed)
2302/13/2009 E-FILED BRIEF (AEB)
2402/13/2009 APPELLEE APPENDIX (e-filed)
2502/13/2009 E-FILED APPENDIX (AEA)
2602/17/2009 Consent to Appearance of Kathryn Miller under ND Senior Practice Rule
2702/17/2009 Receipt $25 surcharge for AEB (Receipt #18729)
2802/19/2009 Received 7 copies of AEB from Central Duplicating.
2903/04/2009 Received 6 copies of AEA from Central Duplicating
3003/30/2009 Motion for Continuance of oral argument
3103/31/2009 Brief in Response to Motion for Continuance
3204/01/2009 ACTION BY SUPREME COURT (Motion for Continuance). Granted
3305/05/2009 Request for Temporary Admission of Kathryn Miller as a Law School
3405/05/2009 ACTION BY CHIEF JUSTICE. Granted
3505/15/2009 APPEARANCES: Troy R. Morley/Dale Rivard, Asst. State's Attorney and Kathryn Miller, Law School Grad
3605/15/2009 ARGUED: Morley/Miller, appearing under R. Ltd. Practice of Law by Law Students
3705/15/2009 ORAL ARGUMENT WEBCAST
3806/17/2009 DISPOSITION: REVERSED AND REMANDED
3906/17/2009 UNANIMOUS OPINION: Maring, Mary Muehlen
4006/17/2009 (CONCUR IN RESULT) (I would reverse without remanding.): Kapsner, Carol Ronning: CON/RES
4106/18/2009 Judgment e-mailed to Parties
4207/09/2009 MANDATE
4307/20/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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