Matter of Muscha

20130154 In the Matter of Cruz Timothy Muscha
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Bradley A. Cruff, Barnes County
Assistant State's Attorney, Petitioner and Appellee
v.
Cruz Timothy Muscha, Respondent and Appellant

Appeal from: District Court, Southeast Judicial District, Barnes County
Judge John T. Paulson
Nature of Action: Civil Commit of Sexual Predator
Counsel:
Appellant: Russell John Myhre
Appellee: Lee Michael Grossman , State's Attorney
Term: 12/2013   Argument: 12/09/2013  Waived
ND cite: 2013 ND 233
NW cite: 841 N.W.2d 001


Issues: Appellant's Statement of the Issues:
Whether the trial court abused its discretion by allowing expert testimony and evaluation reports based upon the Static-99 and MnSOST-R to be entered into evidence in a commitment hearing upon a petition for a sexually dangerous individual and basing its decision upon the Static-99 and MnSOST-R, and whether this reliance constituted an erroneous view of the law?

Appellee's Statement of the Issues:
Sufficient Evidence was Presented to the District Court to Prove by Clear and Convincing Evidence that the Respondent is a Sexually Dangerous Individual with a Congenital or Acquired Condition Who is Likely to Engage in Further Acts of Sexually Predatory Conduct and the District Court's Finding is Not Based on an Erroneous View of the Law.

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Docket entries:
105/20/2013 NOTICE OF APPEAL: 05/20/2013
205/20/2013 ORDER FOR TRANSCRIPT: 05/20/2013
305/23/2013 Acknowledgment of Order for Transcript by Cindy Keller
406/20/2013 ELEC. RECORD ON APPEAL DATED JUNE 19, 2013 (ENTRY NOS. 1-56)
507/15/2013 MOT. EXT/TIME TRANSCRIPT
607/15/2013 E-FILED MOTION
707/16/2013 ACTION BY TRIAL COURT. Granted: 08/13/2013
807/17/2013 ELEC. SUPP. RECORD ON APPEAL DATED July 17, 2013 (ENTRY NOS. 1-60)
908/09/2013 TRANSCRIPT DATED March 7, 2013, March 8, 2013 & C.O.S.
1008/07/2013 DISK-tra (3/7/13 & 3/8/13) (e-mailed)
1109/18/2013 APPELLANT BRIEF (PDF)
1209/18/2013 E-FILED BRIEF (PDF)
1309/19/2013 APPELLANT APPENDIX
1409/19/2013 E-FILED APPENDIX
1509/20/2013 Rcv'd $25 surcharge for ATB (receipt #22235)
1609/23/2013 Rcv'd $163.50 surcharge for ATA (receipt #22240)
1709/24/2013 Rcv'd non-substantive corrections to ATA
1809/25/2013 Rcv'd 7 copies of ATB & 6 copies of ATA from CSD
1910/11/2013 APPELLEE BRIEF
2010/11/2013 E-FILED BRIEF (AEB)
2110/12/2013 Received 7 copies of AEB from Central Duplicating
2210/19/2013 Received $25.00 surcharge for AEB (receipt #22277)
2310/30/2013 REQUEST TO WAIVE ORAL ARGUMENT BY APPELLANT
2410/30/2013 E-FILED MOTION
2510/30/2013 REQUEST TO WAIVE ORAL ARGUMENT BY APPELLEE
2610/30/2013 E-FILED MOTION
2711/20/2013 NOTICE OF ORAL ARGUMENT SENT
2811/21/2013 ACTION BY SUPREME COURT (request to waive oral argument by Appellant). Granted
2911/21/2013 ACTION BY SUPREME COURT (request to waive oral argument by Appellee). Granted
3012/09/2013 APPEARANCES: Waived under N.D.R.App.P. 34(f)
3112/09/2013 ARGUED: Waived under N.D.R.App.P. 34(f)
3212/19/2013 DISPOSITION: AFFIRMED BY SUMMARY DISP.
3312/19/2013 UNANIMOUS OPINION: Per Curiam,
3412/20/2013 Judgment Sent to Parties
3501/16/2014 MANDATE
3601/22/2014 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 10/22/2014