Interest of M.M.
- In the Interest of M.M.
William Pryatel, M.D.,
North Dakota State Hospital, Petitioner and Appellee
M.M., Respondent and Appellant
- Case Type
- MENTAL HEALTH APPEAL : MENTAL HEALTH
- Appeal From
Case No. 05-R-306
Southeast Judicial District, Stutsman County
A district court's finding that a person is mentally ill and requires treatment will not be reversed unless it is clearly erroneous.
A district court's finding that no less restrictive treatment programs other than hospitalization are appropriate, will not be reversed unless clearly erroneous.
A district court's order for involuntary hospitalization must be based on clear and convincing evidence that there is a serious risk the individual will harm himself, others, or property if not hospitalized.
To authorize involuntary treatment with medication, the district court must find by clear and convincing evidence that the prescribed medication is clinically appropriate and necessary, that the patient was offered the treatment and refused it, that the prescribed medication is the least restrictive form necessary to meet the patient's needs, and that the benefits of the treatment outweigh known risks.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||11/25/2005||NOTICE OF APPEAL : 11/23/2005|
|2||11/25/2005||ORDER FOR TRANSCRIPT : 11/23/2005|
|3||11/25/2005||RECORD ON APPEAL|
|6||11/23/2005||Affidavit of Personal Service of Appellant's Brief and Appendix|
|7||11/28/2005||TRANSCRIPT DATED November 16, 2005|
|8||11/28/2005||DISK - tra (11/16/05) (e-mailed)|
|9||12/01/2005||DISK - atb (e-mailed)|
|10||12/01/2005||APPELLEE BRIEF (e-filed)||View|
|11||12/01/2005||E-FILED BRIEF (AEB)|
|12||12/05/2005||Payment of $25 fee for filing electronic AEB (Receipt #16681)|
|13||12/07/2005||Notice of Appellant to be Present at Hearing (faxed)|
|14||12/08/2005||APPEARANCES: Jodie Koch Scherr; Jay A. Schmitz, State's Attorney|
|15||12/08/2005||ARGUED: Scherr; Schmitz|
|17||12/20/2005||SPLIT OPINION : VandeWalle, Gerald W.||View|
|18||12/20/2005||(DISSENT) : Kapsner, Carol Ronning|
|19||12/20/2005||(JOIN DISSENT) : Crothers, Daniel John|
|20||12/21/2005||Judgment Mailed to Parties|
|22||01/23/2006||RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|23||02/17/2016||EXPUNGED - Nonpermanent record items destroyed|