Interest of L.D.M.

20100137 In the Interest of L.D.M.
-----------------------------
Rolette County State's Attorney, Petitioner and Appellee
v.
L.D.M., Respondent and Appellant

Appeal from: District Court, Northeast Judicial District, Rolette County
Judge Laurie A. Fontaine
Nature of Action: Civil Commit of Sexual Predator
Counsel:
Appellant: William Robert Hartl
Appellee: Lisa Beckstrom Gibbens , Asst. State's Attorney
Term: 01/2011   Argument: 01/13/2011  2:45pm
ND cite: 2011 ND 25
NW cite: 793 N.W.2d 778

Listen to recording of oral argument in MP3 format

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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Docket entries:
105/12/2010 NOTICE OF APPEAL: 05/11/2010
205/12/2010 ORDER FOR TRANSCRIPT: 05/11/2010
305/13/2010 ------------CONFIDENTIAL------------
406/09/2010 RECORD ON APPEAL (not rec'd 39 and 40)
506/23/2010 TRANSCRIPT DATED March 23, 2010 & C.O.S.
606/23/2010 DISK (e-mailed) - TRA dated March 23, 2010
707/23/2010 MOT. EXT/TIME APPELLANT BRIEF (e-filed) faxed
807/26/2010 ACTION BY CLERK (MAT). Granted: 09/01/2010
908/23/2010 MOT. EXT/TIME APPELLANT BRIEF
1008/23/2010 E-FILED MOTION
1108/24/2010 ACTION BY CHIEF JUSTICE. Granted: 10/01/2010
1210/01/2010 APPELLANT BRIEF
1310/01/2010 APPELLANT APPENDIX
1410/14/2010 Corrected page 1 for the Appellant's Brief
1510/22/2010 MOT. EXT/TIME APPELLEE BRIEF & Affidavit in Support
1610/22/2010 ACTION BY CHIEF JUSTICE (MAE). Granted: 12/15/2010
1711/01/2010 DISK - atb
1812/14/2010 NOTICE OF ORAL ARGUMENT SENT
1912/10/2010 APPELLEE BRIEF
2012/15/2010 DISK-AEB w/corrections made (E-MAILED)
2112/20/2010 Received 8 copies of corrections to title page & signature page for AEB.
2201/13/2011 APPEARANCES: William Hartl/Lisa Gibbens, Asst. State's Attny.
2301/13/2011 ARGUED: Hartl/Gibbens
2401/13/2011 ORAL ARGUMENT WEBCAST
2502/08/2011 DISPOSITION: REVERSED AND REMANDED
2602/08/2011 SPLIT OPINION: Maring, Mary Muehlen
2702/08/2011 (DISSENTING): Sandstrom, Dale V.: DISSENT
2802/09/2011 Judgment Sent to Parties
2903/02/2011 MANDATE
3003/07/2011 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

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