Matter of A.M.
Docket Info
- Title
- In the Matter of A.M.
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Cynthia M. Feland, Assistant
Burleigh County State's Attorney, Petitioner and Appellee
v.
A.M., Respondent and Appellant - Case Type
- CIVIL APPEAL : CIVIL COMMIT OF SEXUAL PREDATOR
- Appeal From
-
Case No. 99-R-01194
South Central Judicial District, Burleigh County
Sonna M. Anderson
Highlight
A district court order denying a petitioner's request for discharge from commitment as a "sexually dangerous individual" is reviewed under a modified clearly erroneous standard and is affirmed unless it is induced by an erroneous view of the law or the order is not supported by clear and convincing evidence.
The State has the burden to prove by clear and convincing evidence that the committed individual remains a "sexually dangerous individual."
"Sexually dangerous individual" is defined as an individual who is shown to have engaged in sexually predatory conduct and who has a congenital or acquired condition that is manifested by a sexual disorder, a personality disorder, or other mental disorder or dysfunction that makes that individual likely to engage in further acts of sexually predatory conduct which constitute a danger to the physical or mental health or safety of others.
The definition of "sexually dangerous individual" also requires a nexus between the disorder and dangerousness, proof of which encompasses evidence showing the individual has serious difficulty in controlling his behavior.
Counsel
Party | Type | Name |
---|---|---|
APPELLEE | ASST. STATE'S ATTORNEY | Julie Ann Lawyer - 05693 |
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 08/21/2008 | NOTICE OF APPEAL : 08/18/2008 | |
2 | 08/21/2008 | ORDER FOR TRANSCRIPT : 08/18/2008 | |
3 | 09/16/2008 | RETENTION OF RECORD ON APPEAL (Letter from Dorothy A. Rolfstad dated 9-16-08) : 10/07/2008 | |
4 | 10/10/2008 | TRANSCRIPT DATED June 17, 20008 | |
5 | 10/10/2008 | DISK of tra dated 6-17-08 | |
6 | 10/15/2008 | RECORD ON APPEAL & Separates (Entry Nos. 67-CD & 85). | |
7 | 11/19/2008 | APPELLANT BRIEF (e-filed) | View |
8 | 11/19/2008 | E-FILED BRIEF (ATB) | |
9 | 11/19/2008 | APPELLANT APPENDIX (e-filed) | |
10 | 11/19/2008 | E-FILED APPENDIX | |
11 | 11/20/2008 | Received $25 surcharge for ATB (Receipt #18622) | |
12 | 11/24/2008 | Received 7 copies of ATB from Central Duplicating. | |
13 | 11/24/2008 | Received 6 copies of AEB from Central Duplicating. | |
14 | 12/18/2008 | MOT. EXT/TIME APPELLEE BRIEF (faxed) | |
15 | 12/18/2008 | E-FILED MOTION (MAE) faxed | |
16 | 12/18/2008 | ACTION BY CLERK (MAE) - Granted : 01/02/2009 | |
17 | 01/02/2009 | APPELLEE BRIEF | View |
18 | 01/02/2009 | DISK - AEB | |
19 | 02/05/2009 | APPEARANCES: Susan Schmidt; Cynthia M. Feland, Asst. State's Attorney | |
20 | 02/05/2009 | ARGUED: Schmidt; Feland | |
21 | 02/05/2009 | ORAL ARGUMENT WEBCAST | |
22 | 06/17/2009 | DISPOSITION | |
23 | 06/17/2009 | UNANIMOUS OPINION : Sandstrom, Dale V. | View |
24 | 06/18/2009 | Judgment E-Mailed to Parties | |
25 | 07/10/2009 | MANDATE | |
26 | 07/14/2009 | RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE | |
27 | 03/10/2020 | EXPUNGED - Nonpermanent record items destroyed |