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Matter of A.M.

Docket No. 20100014
Oral Argument: Tuesday, June 22, 2010 2:45pm

Docket Info

Title
In the Matter of A.M.
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Cynthia M. Feland, Assistant
Burleigh Co. 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
Gail Hagerty
2010 ND 163787 N.W.2d 752
Oral Argument 6/22/2010

Highlight

Before an individual may be committed to the state hospital as a "sexually dangerous individual," the State must prove by clear and convincing evidence: (1) the individual has engaged in sexually predatory conduct; (2) the individual has a congenital or acquired condition that is manifested by a sexual disorder, a personality disorder, or other mental disorder or dysfunction; (3) the condition makes the 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; and (4) the individual has serious difficulty controlling his behavior.
A district court's finding that an individual is a "sexually dangerous individual" will not be overturned on appeal unless clearly erroneous.


Briefs

Filing Date Description
04/05/2010 APPELLANT BRIEF (e-filed) View
04/29/2010 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Susan Schmidt - 05343
APPELLEE ASST. STATE'S ATTORNEY Cynthia Mae Feland - 04804

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

Seq. # Filing Date Description Attachment
1 01/12/2010 NOTICE OF APPEAL : 01/11/2010
2 01/12/2010 ORDER FOR TRANSCRIPT : 01/11/2010
3 01/12/2010 ANNOUNCED DISQUALIFICATION : Sandstrom, Dale V.
4 01/12/2010 --------CONFIDENTIAL----------
5 02/23/2010 TRANSCRIPT DATED December 10, 2009, & C.O.S.
6 02/23/2010 DISK-tra (12/10/09) e-mailed
7 02/26/2010 RECORD ON APPEAL & SEPARATES. NOT REC'D WERE CR NOTES/TAPES (ENTRY NOS. 8 & 19).
8 04/05/2010 APPELLANT BRIEF (e-filed) View
9 04/05/2010 E-FILED BRIEF (atb)
10 04/05/2010 APPELLANT APPENDIX (e-filed) PDF
11 04/05/2010 E-FILED APPENDIX (ATA) PDF
12 04/07/2010 Received $25 e-filing surcharge for ATB (Receipt #19434).
13 04/15/2010 Received 7 copies of ATB from CSD
14 04/15/2010 Received 6 copies of ATA from CSD
15 04/29/2010 APPELLEE BRIEF View
16 05/11/2010 DISK-AEB (E-MAILED)
17 05/11/2010 RECEIVED 7 COPIES OF CORRECTED TITLE PAGE.
18 05/18/2010 NOTICE OF ORAL ARGUMENT SENT
19 05/20/2010 SITTING WITH THE COURT : McClintock, Jr., John C.
20 06/22/2010 APPEARANCES: Susan Schmidt; Cynthia Feland, Asst. State's Attny.
21 06/22/2010 ARGUED: Schmidt; Feland
22 06/22/2010 ORAL ARGUMENT WEBCAST
23 08/23/2010 DISPOSITION
24 08/23/2010 UNANIMOUS OPINION : Kapsner, Carol Ronning View
25 08/24/2010 Judgment Sent to Parties
26 09/17/2010 MANDATE
27 09/21/2010 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE