Matter of Midgett
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| 20090253 |
In the Matter of Christopher James Midgett
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State of North Dakota, Petitioner and Appellee
v.
Christopher James Midgett, Respondent and Appellant
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| Appeal from: |
District Court,
Northeast Central Judicial District,
Grand Forks County
Judge Lawrence E. Jahnke |
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Nature of Action: |
Civil Commit of Sexual Predator
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| Counsel: |
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| Term: |
01/2010 Argument: 01/21/2010 01:30pm
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| ND cite: |
2010 ND 98
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| NW cite: |
783 N.W.2d 27
Listen to recording of oral argument
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| 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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| 1 | | 08/31/2009 | |
NOTICE OF APPEAL: 08/28/2009 |
| 2 | | 09/24/2009 | |
RECORD ON APPEAL (2 vols.)& Separates 43,45,47,48,58,98,154&163(Not recd:31,53,73,&135-Steno Notes) |
| 3 | | 10/02/2009 | |
MOT. EXT/TIME APPELLANT BRIEF (e-filed) |
| 4 | | 10/02/2009 | |
E-FILED MOTION (MAT) |
| 5 | | 10/02/2009 | |
ACTION BY CLERK (MAT). Granted: 11/06/2009 |
| 6 | | 11/06/2009 | |
Appellant's Brief rec'd electronically and filed subject to receipt of surcharge. |
| 7 | | 11/17/2009 | |
Appellant's Brief withdrawn for failure to non-payment of e-filing surcharge. |
| 8 | | 11/17/2009 | |
S.Ct. Not. of Dismissal/Failure to Proceed - Failure to pay $25 e-filing fee. |
| 9 | | 11/17/2009 | |
NO ACTION TAKEN |
| 10 | | 11/17/2009 | |
Received $25.00 surcharge for ATB (Receipt No. 19234) |
| 11 | | 11/18/2009 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 12 | | 11/18/2009 | |
E-FILED MOTION |
| 13 | | 11/20/2009 | |
ACTION BY CHIEF JUSTICE. Granted: 11/20/2009 |
| 14 | | 11/20/2009 | |
APPELLANT BRIEF (E-FILED) |
| 15 | | 11/20/2009 | |
E-FILED BRIEF (ATB) |
| 16 | | 11/20/2009 | |
APPELLANT APPENDIX (E-FILED) |
| 17 | | 11/20/2009 | |
E-FILED APPENDIX (EFA) |
| 18 | | 11/24/2009 | |
Received 7 cc of ATB from Central Duplicating |
| 19 | | 11/24/2009 | |
Received 6 cc of ATA from Central Duplicating |
| 20 | | 12/15/2009 | |
APPELLEE BRIEF (E-FILED) PDF |
| 21 | | 12/15/2009 | |
E-FILED BRIEF (AEB) PDF |
| 22 | | 12/15/2009 | |
APPELLEE APPENDIX (e-filed) PDF |
| 23 | | 12/15/2009 | |
E-FILED APPENDIX (AEA) PDF |
| 24 | | 12/16/2009 | |
Received $25 e-filing surcharge for AEB (Receipt #19274). |
| 25 | | 12/21/2009 | |
Received 7 copies of AEB from CSD |
| 26 | | 12/21/2009 | |
Received 6 copies of AEA from CSD |
| 27 | | 12/22/2009 | |
NOTICE OF ORAL ARGUMENT SENT |
| 28 | | 12/23/2009 | |
Supplemental Clerk's Certificate dated 12-21-09 (Entry No. 166) |
| 29 | | 01/08/2010 | |
SUPPLEMENTAL CLERK'S CERTIFICATE DATED 1-8-10 (ENTRY NO. 167) |
| 30 | | 01/21/2010 | |
APPEARANCES: Troy R. Morley/Dale R. Rivard, Asst. State's Atty. |
| 31 | | 01/21/2010 | |
ARGUED: Morley/Rivard |
| 32 | | 01/21/2010 | |
ORAL ARGUMENT WEBCAST |
| 33 | | 06/10/2010 | |
DISPOSITION: AFFIRMED |
| 34 | | 06/10/2010 | |
SPLIT OPINION: Sandstrom, Dale V. |
| 35 | | 06/10/2010 | |
DISSENT: Kapsner, Carol Ronning: DISSENT |
| 36 | | 06/11/2010 | |
Judgment Sent to Parties |
| 37 | | 07/19/2010 | |
MANDATE |
| 38 | | 07/26/2010 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |