Matter of G.R.H.

20100114 In the Matter of G.R.H.
---------------------
Rozanna C. Larson,
Ward County State's Attorney Petitioner and Appellee
v.
G.R.H., Respondent and Appellant

Appeal from: District Court, Northwest Judicial District, Ward County
Judge Douglas L. Mattson
Nature of Action: Civil Commit of Sexual Predator
Counsel:
Appellant: Ryan David Sandberg
Appellee: Kelly Ann Dillon , Asst. State's Attorney
Term: 11/2010   Argument: 11/03/2010  Waived
ND cite: 2011 ND 21
NW cite: 793 N.W.2d 460


Issues: Appellant's Statement of the Issues:
I.The District Court should not have considered G.R.H.'s recent admissions based on self-incrimination considerations.
II.The District Court erred when it determined that there was clear and convincing evidence that G.R.H. is likely to engage in further acts of sexually predatory conduct.
III.The District Court erred in finding that G.R.H. remained a sexually dangerous individual, for the District Court failed to find that G.R.H. has a serious difficulty in controlling his behavior.

Appellee's Statement of the Issues:
I. The trial court correctly overruled G.R.H.'s objection to admissibility of admissions made during treatment.
II. The District Court correctly determined that there was clear and convincing evidence that G.R.H. is likely to engage in further acts of sexually predatory conduct.
III. The District Court did not err when it found G.R.H. has "a significant problem" controlling his behavior and such finding should be synonymous with a finding of "serious difficulty" controlling behavior.

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Docket entries:
104/08/2010 NOTICE OF APPEAL: 04/08/2010
204/08/2010 ORDER FOR TRANSCRIPT: 04/08/2010
304/09/2010 -----CONFIDENTIAL-----
405/07/2010 TRANSCRIPT DATED JANUARY 6, 2010, & C.O.S.
505/11/2010 RECORD ON APPEAL (3 VOLUMES) & SEPARATES.
606/11/2010 MOT. EXT/TIME APPELLANT BRIEF
706/11/2010 ACTION BY DEPUTY CLERK (MAT). Granted: 07/16/2010
807/13/2010 APPELLANT BRIEF (e-filed)
907/13/2010 E-FILED BRIEF (ATA)
1007/13/2010 APPELLANT APPENDIX
1107/14/2010 Received $25 e-filing surcharge for ATB (Receipt #19715).
1207/19/2010 Received 8 copies of corrected title page.
1307/21/2010 Received 7 copies of ATB from Central Duplicating.
1408/11/2010 MOT. EXT/TIME APPELLEE BRIEF
1508/11/2010 ACTION BY DEPUTY CLERK ON BEHALF OF CLERK. Granted: 09/13/2010
1609/10/2010 APPELLEE BRIEF
1709/20/2010 DISK-aeb (CD-ROM)
1809/20/2010 Received 8 copies of corrected title page for AEB.
1910/18/2010 NOTICE OF ORAL ARGUMENT SENT
2010/21/2010 Request to waive oral argument on behalf of the Appellant
2110/21/2010 E-FILED MOTION (Request to waive)
2210/25/2010 ACTION BY SUPREME COURT (Request to waive on behalf of Appellant). Granted
2310/26/2010 Request to waive oral argument on behalf of Appellee
2410/26/2010 E-FILED MOTION (request to waive on behalf of Appellee)
2510/26/2010 ACTION BY SUPREME COURT (request to waive on behalf of Appellee). Granted
2611/03/2010 APPEARANCES:Argument waived under N.D.R.App.P. 34(f)
2711/03/2010 ARGUED: WAIVED
2802/08/2011 DISPOSITION: AFFIRMED
2902/08/2011 SPLIT OPINION: Sandstrom, Dale V.
3002/08/2011 DISSENT: Kapsner, Carol Ronning: DISSENT
3102/09/2011 Judgment Sent to Parties
3203/08/2011 MANDATE
3303/09/2011 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3404/07/2011 Corrected/Substitute Opinion Page

Generated from Supreme Court Docket on 08/29/2014