Interest of L.D.M.
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| 20100137 |
In the Interest of L.D.M.
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Rolette County State's Attorney, Petitioner and Appellee
v.
L.D.M., Respondent and Appellant
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| Appeal from: |
District Court,
Northeast Judicial District,
Rolette County
Judge Laurie A. Fontaine |
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Nature of Action: |
Civil Commit of Sexual Predator
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| Counsel: |
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| Term: |
01/2011 Argument: 01/13/2011 02:45pm
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| ND cite: |
2011 ND 25
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| NW cite: |
793 N.W.2d 778
Listen to recording of oral argument
using RealPlayer Basic,© a free download.
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| Issues: |
Appellant's Statement of the Issues:
1. The district court finding that Larry has serious difficulty controlling his behavior is clearly erroneous.
2. Larry's handwritten Statement of Facts and Brief on Supporting Caselaw (Appendix 9 & 33) demonstrate that the treatment requirements of the North Dakota State Hospital violate Larry's Fifth Amendment rights.
3. Larry's treatment at the North Dakota State Hospital is not in accordance with his patient rights as provided in N.D.C.C. 25-03.1-40.
4. Larry's handwritten Statement of Facts and Brief on Supporting Caselaw (Appendix 9 & 33 ) demonstrate that Larry is not a "sexually dangerous" individual as defined by N.D.C.C. 25-03.3-01 and Larry therefore should not continue to be confined at
the North Dakota State Hospital.
Appellee's Statement of the Issues:
1.Whether L.D.M. remains a sexually dangerous individual.
District Court held: in the affirmative.
2.Whether requiring L.D.M. to admit his guilt as part of sex offender treatment violates the Fifth Amendment's self incrimination clause.
District Court held: in the affirmative.
3.Whether the court can order the executive director of the Department of Human Services to adopt a particular treatment plan.
District Court held: in the negative.
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| 1 | | 05/12/2010 | |
NOTICE OF APPEAL: 05/11/2010 |
| 2 | | 05/12/2010 | |
ORDER FOR TRANSCRIPT: 05/11/2010 |
| 3 | | 05/13/2010 | |
------------CONFIDENTIAL------------ |
| 4 | | 06/09/2010 | |
RECORD ON APPEAL (not rec'd 39 and 40) |
| 5 | | 06/23/2010 | |
TRANSCRIPT DATED March 23, 2010 & C.O.S. |
| 6 | | 06/23/2010 | |
DISK (e-mailed) - TRA dated March 23, 2010 |
| 7 | | 07/23/2010 | |
MOT. EXT/TIME APPELLANT BRIEF (e-filed) faxed |
| 8 | | 07/26/2010 | |
ACTION BY CLERK (MAT). Granted: 09/01/2010 |
| 9 | | 08/23/2010 | |
MOT. EXT/TIME APPELLANT BRIEF |
| 10 | | 08/23/2010 | |
E-FILED MOTION |
| 11 | | 08/24/2010 | |
ACTION BY CHIEF JUSTICE. Granted: 10/01/2010 |
| 12 | | 10/01/2010 | |
APPELLANT BRIEF |
| 13 | | 10/01/2010 | |
APPELLANT APPENDIX |
| 14 | | 10/14/2010 | |
Corrected page 1 for the Appellant's Brief |
| 15 | | 10/22/2010 | |
MOT. EXT/TIME APPELLEE BRIEF & Affidavit in Support |
| 16 | | 10/22/2010 | |
ACTION BY CHIEF JUSTICE (MAE). Granted: 12/15/2010 |
| 17 | | 11/01/2010 | |
DISK - atb |
| 18 | | 12/14/2010 | |
NOTICE OF ORAL ARGUMENT SENT |
| 19 | | 12/10/2010 | |
APPELLEE BRIEF |
| 20 | | 12/15/2010 | |
DISK-AEB w/corrections made (E-MAILED) |
| 21 | | 12/20/2010 | |
Received 8 copies of corrections to title page & signature page for AEB. |
| 22 | | 01/13/2011 | |
APPEARANCES: William Hartl/Lisa Gibbens, Asst. State's Attny. |
| 23 | | 01/13/2011 | |
ARGUED: Hartl/Gibbens |
| 24 | | 01/13/2011 | |
ORAL ARGUMENT WEBCAST |
| 25 | | 02/08/2011 | |
DISPOSITION: REVERSED AND REMANDED |
| 26 | | 02/08/2011 | |
SPLIT OPINION: Maring, Mary Muehlen |
| 27 | | 02/08/2011 | |
(DISSENTING): Sandstrom, Dale V.: DISSENT |
| 28 | | 02/09/2011 | |
Judgment Sent to Parties |
| 29 | | 03/02/2011 | |
MANDATE |
| 30 | | 03/07/2011 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |