Matter of R. A. S.

20090001 In the Matter of R.A.S.
---------------
Cass County State's Attorney, Appellee
v.
R. A. S., Appellant

Appeal from: District Court, East Central Judicial District, Cass County
Judge Steven E. McCullough
Nature of Action: Civil Commit of Sexual Predator
Counsel:
Appellant: Richard Edward Edinger
Appellee: Birch Peterson Burdick , State's Attorney
Term: 04/2009   Argument: 04/15/2009  Waived
ND cite: 2009 ND 101
NW cite: 766 N.W.2d 712


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 the district court's order is supported by clear and convincing evidence that Respondent has serious difficulty controlling his behavior?

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 the State has proven that RAS has serious difficulty controlling his behavior.

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Docket entries:
101/02/2009 NOTICE OF APPEAL: 12/30/2008
201/30/2009 RETENTION OF RECORD ON APPEAL: 02/20/2009
302/09/2009 APPELLANT BRIEF (PDF)
402/09/2009 APPELLANT APPENDIX
502/09/2009 DISK - ATB (CD w/PDF only)
602/06/2009 RECORD ON APPEAL 3 Vol. including separate Transcript dated January 14, 2008
703/16/2009 APPELLEE BRIEF (e-filed)
803/16/2009 E-FILED BRIEF (AEB)
903/20/2009 Received $25 surcharage for AEB (Receipt #18771)
1003/24/2009 Received 7 copies of AEB from Central Duplicating
1104/14/2009 Stipulation to waive oral arguments
1204/14/2009 ACTION BY SUPREME COURT (Stipulation to waive oral argument). Granted
1304/15/2009 APPEARANCES: submitted on brief under N.D.R.App.P. 34(f)
1404/15/2009 ARGUED: submitted on brief under N.D.R.App.P. 34(f)
1506/17/2009 DISPOSITION: AFFIRMED
1606/17/2009 UNANIMOUS OPINION: Kapsner, Carol Ronning
1706/18/2009 Judgment e-mailed to Parties
1807/14/2009 MANDATE
1907/16/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 08/21/2014