Matter of Midgett

20090253 In the Matter of Christopher James Midgett
------------
State of North Dakota, Petitioner and Appellee
v.
Christopher James Midgett, Respondent and Appellant

Appeal from: District Court, Northeast Central Judicial District, Grand Forks County
Judge Lawrence E. Jahnke
Nature of Action: Civil Commit of Sexual Predator
Counsel:
Appellant: Troy Robert Morley
Appellee: Dale Richard Rivard , Asst. State's Attorney
Term: 01/2010   Argument: 01/21/2010  1:30pm
ND cite: 2010 ND 98
NW cite: 783 N.W.2d 27

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
I. Whether the District Court erred in determining that the State established by clear and convincing evidence that Midgett has serious difficulty in controlling his behavior.
II.Whether Mr. Midgett exhibits sexually deviant behavior pursuant to N.D.C.C  25-03.3-01, et seq., that warrants continuing civil commitment.

Appellee's Statement of the Issues:
Whether the District Court erred in correctly determining that Midgett had a serious difficulty in controlling his behavior.
Whether the exhibition of sexually deviant behavior is part of the commitment process pursuant to N.D.C.C.  25-03.3-01, et seq.

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Docket entries:
108/31/2009 NOTICE OF APPEAL: 08/28/2009
209/24/2009 RECORD ON APPEAL (2 vols.)& Separates 43,45,47,48,58,98,154&163(Not recd:31,53,73,&135-Steno Notes)
310/02/2009 MOT. EXT/TIME APPELLANT BRIEF (e-filed)
410/02/2009 E-FILED MOTION (MAT)
510/02/2009 ACTION BY CLERK (MAT). Granted: 11/06/2009
611/06/2009 Appellant's Brief rec'd electronically and filed subject to receipt of surcharge.
711/17/2009 Appellant's Brief withdrawn for failure to non-payment of e-filing surcharge.
811/17/2009 S.Ct. Not. of Dismissal/Failure to Proceed - Failure to pay $25 e-filing fee.
911/17/2009 NO ACTION TAKEN
1011/17/2009 Received $25.00 surcharge for ATB (Receipt No. 19234)
1111/18/2009 MOT. EXT/TIME APPELLANT BRIEF
1211/18/2009 E-FILED MOTION
1311/20/2009 ACTION BY CHIEF JUSTICE. Granted: 11/20/2009
1411/20/2009 APPELLANT BRIEF (E-FILED)
1511/20/2009 E-FILED BRIEF (ATB)
1611/20/2009 APPELLANT APPENDIX (E-FILED)
1711/20/2009 E-FILED APPENDIX (EFA)
1811/24/2009 Received 7 cc of ATB from Central Duplicating
1911/24/2009 Received 6 cc of ATA from Central Duplicating
2012/15/2009 APPELLEE BRIEF (E-FILED) PDF
2112/15/2009 E-FILED BRIEF (AEB) PDF
2212/15/2009 APPELLEE APPENDIX (e-filed) PDF
2312/15/2009 E-FILED APPENDIX (AEA) PDF
2412/16/2009 Received $25 e-filing surcharge for AEB (Receipt #19274).
2512/21/2009 Received 7 copies of AEB from CSD
2612/21/2009 Received 6 copies of AEA from CSD
2712/22/2009 NOTICE OF ORAL ARGUMENT SENT
2812/23/2009 Supplemental Clerk's Certificate dated 12-21-09 (Entry No. 166)
2901/08/2010 SUPPLEMENTAL CLERK'S CERTIFICATE DATED 1-8-10 (ENTRY NO. 167)
3001/21/2010 APPEARANCES: Troy R. Morley/Dale R. Rivard, Asst. State's Atty.
3101/21/2010 ARGUED: Morley/Rivard
3201/21/2010 ORAL ARGUMENT WEBCAST
3306/10/2010 DISPOSITION: AFFIRMED
3406/10/2010 SPLIT OPINION: Sandstrom, Dale V.
3506/10/2010 DISSENT: Kapsner, Carol Ronning: DISSENT
3606/11/2010 Judgment Sent to Parties
3707/19/2010 MANDATE
3807/26/2010 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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