Matter of R. A. S.
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| 20090001 |
In the Matter of R.A.S.
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Cass County State's Attorney, Appellee
v.
R. A. S., Appellant
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| Appeal from: |
District Court,
East Central Judicial District,
Cass County
Judge Steven E. McCullough |
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Nature of Action: |
Civil Commit of Sexual Predator
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| Counsel: |
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| Term: |
04/2009 Argument: 04/15/2009 04:00pm
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| ND cite: |
2009 ND 101
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| NW cite: |
766 N.W.2d 712
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| 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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| 1 | | 01/02/2009 | |
NOTICE OF APPEAL: 12/30/2008 |
| 2 | | 01/30/2009 | |
RETENTION OF RECORD ON APPEAL: 02/20/2009 |
| 3 | | 02/09/2009 | |
APPELLANT BRIEF (PDF) |
| 4 | | 02/09/2009 | |
APPELLANT APPENDIX |
| 5 | | 02/09/2009 | |
DISK - ATB (CD w/PDF only) |
| 6 | | 02/06/2009 | |
RECORD ON APPEAL 3 Vol. including separate Transcript dated January 14, 2008 |
| 7 | | 03/16/2009 | |
APPELLEE BRIEF (e-filed) |
| 8 | | 03/16/2009 | |
E-FILED BRIEF (AEB) |
| 9 | | 03/20/2009 | |
Received $25 surcharage for AEB (Receipt #18771) |
| 10 | | 03/24/2009 | |
Received 7 copies of AEB from Central Duplicating |
| 11 | | 04/14/2009 | |
Stipulation to waive oral arguments |
| 12 | | 04/14/2009 | |
ACTION BY SUPREME COURT (Stipulation to waive oral argument). Granted |
| 13 | | 04/15/2009 | |
APPEARANCES: submitted on brief under N.D.R.App.P. 34(f) |
| 14 | | 04/15/2009 | |
ARGUED: submitted on brief under N.D.R.App.P. 34(f) |
| 15 | | 06/17/2009 | |
DISPOSITION: AFFIRMED |
| 16 | | 06/17/2009 | |
UNANIMOUS OPINION: Kapsner, Carol Ronning |
| 17 | | 06/18/2009 | |
Judgment e-mailed to Parties |
| 18 | | 07/14/2009 | |
MANDATE |
| 19 | | 07/16/2009 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |