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Interest of M.M.

Docket No. 20050399
Oral Argument: Thursday, December 8, 2005 10:45am

Docket Info

Title
In the Interest of M.M.

William Pryatel, M.D.,
North Dakota State Hospital, Petitioner and Appellee
v.
M.M., Respondent and Appellant
Case Type
MENTAL HEALTH APPEAL : MENTAL HEALTH
Appeal From
Case No. 05-R-306
Southeast Judicial District, Stutsman County
Mikal Simonson
2005 ND 219707 N.W.2d 78

Highlight

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.

Briefs

Filing Date Description
11/23/2005 APPELLANT BRIEF View
12/01/2005 APPELLEE BRIEF (e-filed) View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Jodie Koch Scherr - 05339
APPELLEE STATE'S ATTORNEY Jay Anthony Schmitz - 05705

(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
4 11/23/2005 APPELLANT BRIEF View
5 11/23/2005 APPELLANT APPENDIX
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
16 12/20/2005 DISPOSITION
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
21 01/19/2006 MANDATE
22 01/23/2006 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
23 02/17/2016 EXPUNGED - Nonpermanent record items destroyed