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Matter of E.W.F.

Docket No. 20080037
Oral Argument: Monday, June 2, 2008 1:30pm

Docket Info

Title
In the Matter of E.W.F.
-------------
Cass County State's Attorney, Petitioner and Appellee
v.
E.W.F., Respondent and Appellant
Case Type
CIVIL APPEAL : CIVIL COMMIT OF SEXUAL PREDATOR
Appeal From
Case No. 98-R-01929
East Central Judicial District, Cass County
Steven E. McCullough
2008 ND 130751 N.W.2d 686
Oral Argument 6/2/2008

Highlight

Civil commitments of sexually dangerous individuals are reviewed under a modified clearly erroneous standard and will be affirmed unless the district court's order is induced by an erroneous view of the law, or we are firmly convinced the order is not supported by clear and convincing evidence.
In addition to the three requirements contained in the plain language of the statute governing sexually dangerous individual commitments, substantive due process rights require the individual facing commitment must be shown to have serious difficulty controlling his behavior.
In a civil proceeding, a party's failure to offer evidence refuting or otherwise explaining the opposing party's witness testimony warrants the inference that the opposing party's witness's statements were true and correct.


Briefs

Filing Date Description
04/14/2008 APPELLANT BRIEF View
05/15/2008 APPELLEE BRIEF (e-filed) View

Counsel

Party Type Name
APPELLEE ASST. STATE'S ATTORNEY Ryan James Younggren - 06400
APPELLANT COURT APPOINTED Richard Edward Edinger - 05488

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 02/07/2008 NOTICE OF APPEAL : 02/06/2008
2 02/07/2008 ORDER FOR TRANSCRIPT : 02/06/2008
3 03/04/2008 RETENTION OF RECORD ON APPEAL : 03/27/2008
4 03/27/2008 TRANSCRIPT DATED January 3, 2008
5 03/27/2008 DISK - TRA (1-3-08) (e-mailed)
6 03/28/2008 Certificate of Service of TRA
7 03/28/2008 RECORD ON APPEAL Not sent was No. 26 (Tape)
8 04/14/2008 APPELLANT BRIEF View
9 04/14/2008 APPELLANT APPENDIX
10 04/15/2008 Certificate of Service of ATB
11 04/18/2008 DISK NONCOMPLIANCE - ATB prepared on iMac (letter form)(ATB scanned)
12 05/15/2008 APPELLEE BRIEF (e-filed) View
13 05/15/2008 E-FILED BRIEF (AEB)
14 05/15/2008 APPELLEE APPENDIX (e-filed)
15 05/15/2008 E-FILED APPENDIX (AEA)
16 05/21/2008 Received $25.00 surcharge for AEB (Receipt #18114)
17 05/27/2008 Received copies of Appellee's Brief from Central Duplicating
18 05/27/2008 Received copies of Appellee's Appendix from Central Duplicating
19 06/02/2008 APPEARANCES: Richard E. Edinger; Ryan J. Younggren
20 06/02/2008 ARGUED: Edinger; Younggren
21 06/02/2008 ORAL ARGUMENT WEBCAST
22 06/26/2008 DISPOSITION
23 06/26/2008 UNANIMOUS OPINION : Kapsner, Carol Ronning View
24 06/26/2008 (CONCUR in result) : Sandstrom, Dale V.
25 06/30/2008 Judgment e-mailed to Parties
26 07/18/2008 MANDATE
27 07/22/2008 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
28 09/09/2019 EXPUNGED - Nonpermanent record items destroyed