Matter of Rubey
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| 20100292 |
In the Matter of Larry Gene Rubey
---------------------------------
Ladd R. Erickson,
State's Attorney, Petitioner and Appellee
v.
Larry Gene Rubey, Respondent and Appellant
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| Appeal from: |
Juvenile Court,
South Central Judicial District,
McLean County
Judge Bruce B. Haskell |
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Nature of Action: |
Civil Commit of Sexual Predator
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| Counsel: |
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| Term: |
02/2011 Argument: 02/28/2011 04:00pm
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| ND cite: |
2011 ND 165
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| NW cite: |
801 N.W.2d 702
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| Issues: |
Appellant's Statement of the Issues:
I.Whether the trial court erred in failing to find facts specifically and state separately its conclusions of law when it entered its order for commitment, dated August 5, 2010.
II.Whether the court erred in its order by stating it considered the testimony of Dr Eward L. Kelly.
III.Whether the trial court erred in concluding that there was clear and convincing evidence that the respondent/appellant engaged sexually predatory conduct, had a congenital or acquired condition manifested by a sexual, personality or other
disorder or dysfunction that makes the respondent likely to engage in further acts of sexually predatory conduct which would constitute a danger to the physical or mental health of others and has serious difficulty in controlling his behavior.
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| 1 | | 09/14/2010 | |
NOTICE OF APPEAL: 09/09/2010 |
| 2 | | 09/14/2010 | |
ORDER FOR TRANSCRIPT: 09/09/2010 |
| 3 | | 10/11/2010 | |
RECORD ON APPEAL & SEPARATES (15, 23-25, 30a). Not rec'd Entry No. 17 (Cert. of Svc.) |
| 4 | | 10/14/2010 | |
1st Supplemental Clerk's Certificate of Record (entry no. 17) |
| 5 | | 10/22/2010 | |
TRANSCRIPT DATED August 5, 2010 & C.O.S. |
| 6 | | 10/22/2010 | |
DISK - tra (8-5-10) (e-mailed) |
| 7 | | 12/02/2010 | |
Received corrections to ATB & ATA. |
| 8 | | 12/02/2010 | |
APPELLANT BRIEF (e-filed) |
| 9 | | 12/02/2010 | |
E-FILED BRIEF (ATB) |
| 10 | | 12/02/2010 | |
APPELLANT APPENDIX (e-filed) PDF |
| 11 | | 12/02/2010 | |
E-FILED APPENDIX (ATA) PDF |
| 12 | | 12/07/2010 | |
Received $25 e-filing surcharge (Receipt #20083). |
| 13 | | 12/09/2010 | |
RECEIVED 7 COPIES OF ATB FROM CENTRAL DUPLICATING. |
| 14 | | 12/09/2010 | |
RECEIVED 6 COPIES OF ATA FROM CENTRAL DUPLICATING. |
| 15 | | 12/30/2010 | |
APPELLEE BRIEF |
| 16 | | 12/30/2010 | |
DISK |
| 17 | | 01/04/2010 | |
STATEMENT: Corrections to AEB cover received |
| 18 | | 01/19/2011 | |
NOTICE OF ORAL ARGUMENT SENT |
| 19 | | 01/19/2011 | |
Request for waiver of oral argument on behalf of Appellee |
| 20 | | 01/19/2011 | |
E-FILED MOTION (Request for waiver of oral argument on behalf of Appellee) |
| 21 | | 01/24/2011 | |
ACTION BY SUPREME COURT (Request to waive on behalf of Appellee). Granted |
| 22 | | 01/24/2011 | |
Oral argument on behalf of Appellant waived under Rule 34 (a)(2) (Sua sponte) |
| 23 | | 01/24/2011 | |
ACTION BY SUPREME COURT (Waiver of oral argument on behalf of Appellant under Rule 34 (a)(2)). Granted |
| 24 | | 02/28/2011 | |
APPEARANCES: Submitted on brief by AT under N.D.R.App.P. 34(f); AE under N.D.R.App.P 34(a)(2) |
| 25 | | 02/28/2011 | |
ARGUED: Submitted on brief by AT under N.D.R.App.P. 34(f); AE under N.D.R.App.P 34(a)(2) |
| 26 | | 08/18/2011 | |
DISPOSITION: AFFIRMED |
| 27 | | 08/18/2011 | |
SPLIT OPINION: Sandstrom, Dale V. |
| 28 | | 08/18/2011 | |
(CONCURRING): Kapsner, Carol Ronning: CONCUR |
| 29 | | 08/18/2011 | |
(JOINED CONCURRING): Crothers, Daniel John: JN/CON |
| 30 | | 08/19/2011 | |
Judgment Sent to Parties |
| 31 | | 09/19/2011 | |
MANDATE |
| 32 | | 09/23/2011 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |