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:
Appellant: Darla Jane Schuman
Appellee: Christopher David Griffin , Asst. State's Attorney
Term: 05/2009   Argument: 05/11/2009  9:30am
ND cite: 2009 ND 102
NW cite: 766 N.W.2d 720

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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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Docket entries:
112/17/2008 NOTICE OF APPEAL: 12/12/2008
212/17/2008 ORDER FOR TRANSCRIPT: 12/12/2008
312/24/2008 RETENTION OF RECORD ON APPEAL: 01/31/2009
402/02/2009 MOT. EXT/TIME TRANSCRIPT
502/02/2009 ACTION BY TRIAL COURT. Granted: 02/13/2009
602/06/2009 TRANSCRIPTS DATED October 2, 2008 & October 20, 2008
702/09/2009 DISK (TRA) (10\02/08 & 10/20/08)
802/09/2009 RECORD ON APPEAL. Not included were Entry Nos. 8 (error), 23, 52, 69 (steno notes).
903/18/2009 APPELLANT BRIEF (e-filed)
1003/18/2009 E-FILED BRIEF (ATB)
1103/18/2009 APPELLANT APPENDIX (e-filed)
1203/18/2009 E-FILED APPENDIX (ATA)
1304/13/2009 Received $33.50 surcharge for ATB & ATA (Receipt #18799)
1404/14/2009 Received copies of ATB from CSD
1504/14/2009 Received copies of ATA from CSD
1604/17/2009 APPELLEE BRIEF
1704/17/2009 E-FILED BRIEF - AEB
1804/20/2009 Received $25 surcharge for AEB (Receipt 18810)
1904/22/2009 Received 7 copies of AEB from Central Duplicating
2005/11/2009 APPEARANCES: Darla J. Schuman; Christopher D. Griffin, Asst. State's Attny.
2105/11/2009 ARGUED: Schuman/Griffin
2205/11/2009 ORAL ARGUMENT WEBCAST
2306/17/2009 DISPOSITION: AFFIRMED
2406/17/2009 UNANIMOUS OPINION: VandeWalle, Gerald W.
2506/18/2009 Judgment Mailed to Parties
2607/13/2009 MANDATE
2707/17/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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