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Matter of R. A. S.

Docket No. 20090001
Oral Argument: Wednesday, April 15, 2009 4:00pm

Docket Info

Title
In the Matter of R.A.S.
---------------
Cass County State's Attorney, Appellee
v.
R. A. S., Appellant
Case Type
CRIMINAL APPEAL : CIVIL COMMIT OF SEXUAL PREDATOR
Appeal From
Case No. 04-R-00187
East Central Judicial District, Cass County
Steven E. McCullough
2009 ND 101766 N.W.2d 712

Highlight

The United States Supreme Court has held substantive due process rights require an individual facing commitment must be shown to have serious difficulty controlling his behavior. This constitutional requirement may be viewed as part of the definition of a sexually dangerous individual.
At a discharge hearing, the State must prove by clear and convincing evidence that the individual has serious difficulty controlling his behavior.

Briefs

Filing Date Description
02/09/2009 APPELLANT BRIEF (PDF) View
03/16/2009 APPELLEE BRIEF (e-filed) View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Richard Edward Edinger - 05488
APPELLEE STATE'S ATTORNEY Birch Peterson Burdick - 05026

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

Seq. # Filing Date Description Attachment
1 01/02/2009 NOTICE OF APPEAL : 12/30/2008
2 01/30/2009 RETENTION OF RECORD ON APPEAL : 02/20/2009
3 02/09/2009 APPELLANT BRIEF (PDF) View
4 02/09/2009 APPELLANT APPENDIX
5 02/09/2009 DISK - ATB (CD w/PDF only)
6 02/06/2009 RECORD ON APPEAL 3 Vol. including separate Transcript dated January 14, 2008
7 03/16/2009 APPELLEE BRIEF (e-filed) View
8 03/16/2009 E-FILED BRIEF (AEB)
9 03/20/2009 Received $25 surcharage for AEB (Receipt #18771)
10 03/24/2009 Received 7 copies of AEB from Central Duplicating
11 04/14/2009 Stipulation to waive oral arguments
12 04/14/2009 ACTION BY SUPREME COURT (Stipulation to waive oral argument) - Granted
13 04/15/2009 APPEARANCES: submitted on brief under N.D.R.App.P. 34(f)
14 04/15/2009 ARGUED: submitted on brief under N.D.R.App.P. 34(f)
15 06/17/2009 DISPOSITION
16 06/17/2009 UNANIMOUS OPINION : Kapsner, Carol Ronning View
17 06/18/2009 Judgment e-mailed to Parties
18 07/14/2009 MANDATE
19 07/16/2009 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
20 09/30/2020 EXPUNGED - Nonpermanent record items destroyed