Matter of Midgett
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| 20080255 |
In the Matter of Christopher James Midgett
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State of North Dakota, Petitioner and Appellee
v.
Christopher James Midgett, Respondent and Appellant
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| Appeal from: |
District Court,
Northeast Central Judicial District,
Grand Forks County
Judge Lawrence E. Jahnke |
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Nature of Action: |
Civil Commit of Sexual Predator
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| Counsel: |
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| Term: |
05/2009 Argument: 05/15/2009 01:30pm
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| ND cite: |
2009 ND 106
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| NW cite: |
766 N.W.2d 717
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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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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| 1 | | 10/08/2008 | |
NOTICE OF APPEAL: 10/02/2008 |
| 2 | | 10/08/2008 | |
ORDER FOR TRANSCRIPT: 10/02/2008 |
| 3 | | 10/08/2008 | |
RETENTION OF RECORD ON APPEAL: 11/21/2008 |
| 4 | | 11/07/2008 | |
TRANSCRIPT DATED August 20, 2008 |
| 5 | | 11/10/2008 | |
Certificate of Service of TRA |
| 6 | | 11/10/2008 | |
DISK - TRA (8-20-08) |
| 7 | | 11/13/2008 | |
RECORD ON APPEAL (2 Vol.) and separates including transcript dated 3-6-07. Not received were Nos. |
| 8 | | 11/13/2008 | |
31, 53, 73, & 135 (Steno Notes) |
| 9 | | 12/12/2008 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 10 | | 12/12/2008 | |
ACTION BY CLERK (MAT). Granted: 01/16/2009 |
| 11 | | 12/12/2008 | |
E-FILED MOTION (MAT) |
| 12 | | 12/22/2008 | |
Brief in response to Motion for Extension of Time to File Appellant's Brief |
| 13 | | 01/16/2009 | |
APPELLANT BRIEF (e-filed) PDF |
| 14 | | 01/16/2009 | |
E-FILED BRIEF (ATB) PDF |
| 15 | | 01/16/2009 | |
APPELLANT APPENDIX (e-filed) PDF (withdrawn see 1/23/09 e-mail ltr) |
| 16 | | 01/16/2009 | |
E-FILED APPENDIX (ATA) PDF (withdrawn see 1/23/09 e-mail ltr) |
| 17 | | 01/21/2009 | |
Received $25 e-filing surcharge for ATB (Receipt #18690). |
| 18 | | 01/23/2009 | |
APPELLANT APPENDIX (e-filed) PDF |
| 19 | | 01/23/2009 | |
E-FILED APPENDIX (ATA) PDF |
| 20 | | 01/26/2009 | |
Received 7 copies of ATB from Central Duplicating |
| 21 | | 01/27/2009 | |
Received 6 copies of ATA from Central Duplicating. |
| 22 | | 02/13/2009 | |
APPELLEE BRIEF (e-filed) |
| 23 | | 02/13/2009 | |
E-FILED BRIEF (AEB) |
| 24 | | 02/13/2009 | |
APPELLEE APPENDIX (e-filed) |
| 25 | | 02/13/2009 | |
E-FILED APPENDIX (AEA) |
| 26 | | 02/17/2009 | |
Consent to Appearance of Kathryn Miller under ND Senior Practice Rule |
| 27 | | 02/17/2009 | |
Receipt $25 surcharge for AEB (Receipt #18729) |
| 28 | | 02/19/2009 | |
Received 7 copies of AEB from Central Duplicating. |
| 29 | | 03/04/2009 | |
Received 6 copies of AEA from Central Duplicating |
| 30 | | 03/30/2009 | |
Motion for Continuance of oral argument |
| 31 | | 03/31/2009 | |
Brief in Response to Motion for Continuance |
| 32 | | 04/01/2009 | |
ACTION BY SUPREME COURT (Motion for Continuance). Granted |
| 33 | | 05/05/2009 | |
Request for Temporary Admission of Kathryn Miller as a Law School |
| 34 | | 05/05/2009 | |
ACTION BY CHIEF JUSTICE. Granted |
| 35 | | 05/15/2009 | |
APPEARANCES: Troy R. Morley/Dale Rivard, Asst. State's Attorney and Kathryn Miller, Law School Grad |
| 36 | | 05/15/2009 | |
ARGUED: Morley/Miller, appearing under R. Ltd. Practice of Law by Law Students |
| 37 | | 05/15/2009 | |
ORAL ARGUMENT WEBCAST |
| 38 | | 06/17/2009 | |
DISPOSITION: REVERSED AND REMANDED |
| 39 | | 06/17/2009 | |
UNANIMOUS OPINION: Maring, Mary Muehlen |
| 40 | | 06/17/2009 | |
(CONCUR IN RESULT) (I would reverse without remanding.): Kapsner, Carol Ronning: CON/RES |
| 41 | | 06/18/2009 | |
Judgment e-mailed to Parties |
| 42 | | 07/09/2009 | |
MANDATE |
| 43 | | 07/20/2009 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |