Matter of Rush | |||||||
| 20080337 |
In the Matter of Loring Reil Sky Rush
---------------------- Christopher D. Griffin, Assistant State's Attorney for Grand Forks County, Petitioner and Appellee v. Loring Reil Sky Rush, Respondent and Appellant | ||||||
| Appeal from: |
District Court,
Northeast Central Judicial District,
Grand Forks County
Judge Joel D. Medd | ||||||
| Nature of Action: | Civil Commit of Sexual Predator | ||||||
| Counsel: |
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| Term: | 05/2009  Argument: 05/11/2009 09:30am | ||||||
| ND cite: | 2009 ND 102 | ||||||
| NW cite: |
766 N.W.2d 720
Listen to recording of oral argument using RealPlayer Basic,© a free download. | ||||||
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| Issues: |
Appellant's Statement of the Issues: 1. The District Court erred in ordering the civil commitment of Lorin Reil Sky Rush where the District Court failed to cite evidence of a nexus between Appellant's disorders and sexual dangerousness. 2. The District Court erred in its interpretation of the evidence presented at the commitment hearing A. The District Court erred in its reliance on the State expert, Dr. Sullivan B. The District Court erred in its interpretation of the test scores presented by the experts and how they relate to Lorin Reil Sky Rush. 3. The District Court committed reversible procedural error by failing to set aside sufficient time within which to conduct the hearing, causing witnesses to testify out of order and telephonically, and causing undue delay which violated Lorin Reil Sky Rush's due process rights Appellee's Statement of the Issues: I. The state has proven by clear and convincing evidence that appellant L.R.S.R. is a sexually dangerous individual and is likely to engage in further acts of sexually predatory conduct. II. The district court properly interpreted the evidence presented at the commitment hearing. III. The district court did not commit reversible procedural error by failing to set aside sufficient time within which to conduct a hearing. | ||||||
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| 1 | 12/17/2008 | NOTICE OF APPEAL: 12/12/2008 | ||
| 2 | 12/17/2008 | ORDER FOR TRANSCRIPT: 12/12/2008 | ||
| 3 | 12/24/2008 | RETENTION OF RECORD ON APPEAL: 01/31/2009 | ||
| 4 | 02/02/2009 | MOT. EXT/TIME TRANSCRIPT | ||
| 5 | 02/02/2009 | ACTION BY TRIAL COURT. Granted: 02/13/2009 | ||
| 6 | 02/06/2009 | TRANSCRIPTS DATED October 2, 2008 & October 20, 2008 | ||
| 7 | 02/09/2009 | DISK (TRA) (10\02/08 & 10/20/08) | ||
| 8 | 02/09/2009 | RECORD ON APPEAL. Not included were Entry Nos. 8 (error), 23, 52, 69 (steno notes). | ||
| 9 | 03/18/2009 | APPELLANT BRIEF (e-filed) | ||
| 10 | 03/18/2009 | E-FILED BRIEF (ATB) | ||
| 11 | 03/18/2009 | APPELLANT APPENDIX (e-filed) | ||
| 12 | 03/18/2009 | E-FILED APPENDIX (ATA) | ||
| 13 | 04/13/2009 | Received $33.50 surcharge for ATB & ATA (Receipt #18799) | ||
| 14 | 04/14/2009 | Received copies of ATB from CSD | ||
| 15 | 04/14/2009 | Received copies of ATA from CSD | ||
| 16 | 04/17/2009 | APPELLEE BRIEF | ||
| 17 | 04/17/2009 | E-FILED BRIEF - AEB | ||
| 18 | 04/20/2009 | Received $25 surcharge for AEB (Receipt 18810) | ||
| 19 | 04/22/2009 | Received 7 copies of AEB from Central Duplicating | ||
| 20 | 05/11/2009 | APPEARANCES: Darla J. Schuman; Christopher D. Griffin, Asst. State's Attny. | ||
| 21 | 05/11/2009 | ARGUED: Schuman/Griffin | ||
| 22 | 05/11/2009 | ORAL ARGUMENT WEBCAST | ||
| 23 | 06/17/2009 | DISPOSITION: AFFIRMED | ||
| 24 | 06/17/2009 | UNANIMOUS OPINION: VandeWalle, Gerald W. | ||
| 25 | 06/18/2009 | Judgment Mailed to Parties | ||
| 26 | 07/13/2009 | MANDATE | ||
| 27 | 07/17/2009 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |