Interest of L.D.M.
In the Interest of L.D.M.
Rolette County State's Attorney, Petitioner and Appellee
L.D.M., Respondent and Appellant
Northeast Judicial District,
Judge Laurie A. Fontaine
|Nature of Action:||Civil Commit of Sexual Predator|
|Term:||01/2011  Argument: 01/13/2011|
|ND cite:||2011 ND 25|
793 N.W.2d 778
Listen to recording of oral argument in MP3 format
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.
|Add Docket 20100137 RSS|
|1||05/12/2010 NOTICE OF APPEAL: 05/11/2010|
|2||05/12/2010 ORDER FOR TRANSCRIPT: 05/11/2010|
|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|
|30||03/07/2011 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|