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Matter of Rush

Docket No. 20080337
Oral Argument: Monday, May 11, 2009 9:30am

Docket Info

Title
In the Matter of Loring Reil Sky Rush
----------------------
Christopher D. Griffin,
Assistant State's Attorney
for Grand Forks County, Petitioner and Appellee
v.
Loring Reil Sky Rush, Respondent and Appellant
Case Type
CIVIL APPEAL : CIVIL COMMIT OF SEXUAL PREDATOR
Appeal From
Case No. 08-R-0477
Northeast Central Judicial District, Grand Forks County
Joel D. Medd
2009 ND 102766 N.W.2d 720
Oral Argument 5/11/2009

Highlight

In civil commitments of sexually dangerous individuals, the State must prove by clear and convincing evidence a nexus between the individual's disorder and the likelihood that he or she will engage in further acts of sexually predatory conduct. Subsequently, the district court must specifically state in its memorandum opinion the facts upon which it relied in finding that such a nexus existed.
The weakness or non-existence of a basis for an expert's opinion goes to their credibility, and not necessarily to the admissibility of the opinion evidence.
While a district court must conduct a commitment proceeding to determine whether an individual is a sexually dangerous individual within sixty days after a finding of probable cause, the court may extend this time period for good cause.
The district court has wide discretion over the mode and order of presenting evidence, and actions of the court regarding the mode and order of presenting evidence will not be disturbed on appeal absent an abuse of discretion.

Briefs

Filing Date Description
03/18/2009 APPELLANT BRIEF (e-filed) View
04/17/2009 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE ASST. STATE'S ATTORNEY Christopher David Griffin - 06080
APPELLANT COURT APPOINTED Darla Jane Schuman - 06152

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

Seq. # Filing Date Description Attachment
1 12/17/2008 NOTICE OF APPEAL : 12/12/2008
2 12/17/2008 ORDER FOR TRANSCRIPT : 12/12/2008
3 12/24/2008 RETENTION OF RECORD ON APPEAL : 01/31/2009
4 02/02/2009 MOT. EXT/TIME TRANSCRIPT
5 02/02/2009 ACTION BY TRIAL COURT - Granted : 02/13/2009
6 02/06/2009 TRANSCRIPTS DATED October 2, 2008 & October 20, 2008
7 02/09/2009 DISK (TRA) (10\02/08 & 10/20/08)
8 02/09/2009 RECORD ON APPEAL. Not included were Entry Nos. 8 (error), 23, 52, 69 (steno notes).
9 03/18/2009 APPELLANT BRIEF (e-filed) View
10 03/18/2009 E-FILED BRIEF (ATB)
11 03/18/2009 APPELLANT APPENDIX (e-filed)
12 03/18/2009 E-FILED APPENDIX (ATA)
13 04/13/2009 Received $33.50 surcharge for ATB & ATA (Receipt #18799)
14 04/14/2009 Received copies of ATB from CSD
15 04/14/2009 Received copies of ATA from CSD
16 04/17/2009 APPELLEE BRIEF View
17 04/17/2009 E-FILED BRIEF - AEB
18 04/20/2009 Received $25 surcharge for AEB (Receipt 18810)
19 04/22/2009 Received 7 copies of AEB from Central Duplicating
20 05/11/2009 APPEARANCES: Darla J. Schuman; Christopher D. Griffin, Asst. State's Attny.
21 05/11/2009 ARGUED: Schuman/Griffin
22 05/11/2009 ORAL ARGUMENT WEBCAST
23 06/17/2009 DISPOSITION
24 06/17/2009 UNANIMOUS OPINION : VandeWalle, Gerald W. View
25 06/18/2009 Judgment Mailed to Parties
26 07/13/2009 MANDATE
27 07/17/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
28 10/09/2020 EXPUNGED - Nonpermanent record items destroyed