Matter of Rubey

20100292 In the Matter of Larry Gene Rubey
---------------------------------
Ladd R. Erickson,
State's Attorney, Petitioner and Appellee
v.
Larry Gene Rubey, Respondent and Appellant

Appeal from: Juvenile Court, South Central Judicial District, McLean County
Judge Bruce B. Haskell
Nature of Action: Civil Commit of Sexual Predator
Counsel:
Appellant: Gregory Ian Runge
Appellee: Ladd Ronald Erickson , State's Attorney
Term: 02/2011   Argument: 02/28/2011  Waived
ND cite: 2011 ND 165
NW cite: 801 N.W.2d 702


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.

Add Docket 20100292 RSS Add Docket 20100292 RSS

Docket entries:
109/14/2010 NOTICE OF APPEAL: 09/09/2010
209/14/2010 ORDER FOR TRANSCRIPT: 09/09/2010
310/11/2010 RECORD ON APPEAL & SEPARATES (15, 23-25, 30a). Not rec'd Entry No. 17 (Cert. of Svc.)
410/14/2010 1st Supplemental Clerk's Certificate of Record (entry no. 17)
510/22/2010 TRANSCRIPT DATED August 5, 2010 & C.O.S.
610/22/2010 DISK - tra (8-5-10) (e-mailed)
712/02/2010 Received corrections to ATB & ATA.
812/02/2010 APPELLANT BRIEF (e-filed)
912/02/2010 E-FILED BRIEF (ATB)
1012/02/2010 APPELLANT APPENDIX (e-filed) PDF
1112/02/2010 E-FILED APPENDIX (ATA) PDF
1212/07/2010 Received $25 e-filing surcharge (Receipt #20083).
1312/09/2010 RECEIVED 7 COPIES OF ATB FROM CENTRAL DUPLICATING.
1412/09/2010 RECEIVED 6 COPIES OF ATA FROM CENTRAL DUPLICATING.
1512/30/2010 APPELLEE BRIEF
1612/30/2010 DISK
1701/04/2010 STATEMENT: Corrections to AEB cover received
1801/19/2011 NOTICE OF ORAL ARGUMENT SENT
1901/19/2011 Request for waiver of oral argument on behalf of Appellee
2001/19/2011 E-FILED MOTION (Request for waiver of oral argument on behalf of Appellee)
2101/24/2011 ACTION BY SUPREME COURT (Request to waive on behalf of Appellee). Granted
2201/24/2011 Oral argument on behalf of Appellant waived under Rule 34 (a)(2) (Sua sponte)
2301/24/2011 ACTION BY SUPREME COURT (Waiver of oral argument on behalf of Appellant under Rule 34 (a)(2)). Granted
2402/28/2011 APPEARANCES: Submitted on brief by AT under N.D.R.App.P. 34(f); AE under N.D.R.App.P 34(a)(2)
2502/28/2011 ARGUED: Submitted on brief by AT under N.D.R.App.P. 34(f); AE under N.D.R.App.P 34(a)(2)
2608/18/2011 DISPOSITION: AFFIRMED
2708/18/2011 SPLIT OPINION: Sandstrom, Dale V.
2808/18/2011 (CONCURRING): Kapsner, Carol Ronning: CONCUR
2908/18/2011 (JOINED CONCURRING): Crothers, Daniel John: JN/CON
3008/19/2011 Judgment Sent to Parties
3109/19/2011 MANDATE
3209/23/2011 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 07/24/2014