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Matter of Rubey

Docket No. 20100292
Oral Argument: Monday, February 28, 2011 4:00pm

Docket Info

Title
In the Matter of Larry Gene Rubey
---------------------------------
Ladd R. Erickson,
State's Attorney, Petitioner and Appellee
v.
Larry Gene Rubey, Respondent and Appellant
Case Type
CIVIL APPEAL : CIVIL COMMIT OF SEXUAL PREDATOR
Appeal From
Case No. 10-R-0004
South Central Judicial District, McLean County
Bruce B. Haskell
2011 ND 165801 N.W.2d 702

Highlight

A "sexually dangerous individual" means 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.
Substantive due process requires proof that the respondent has serious difficulty controlling his behavior.

Briefs

Filing Date Description
12/02/2010 APPELLANT BRIEF (e-filed) View
12/30/2010 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Gregory Ian Runge - 04724
APPELLEE STATE'S ATTORNEY Ladd Ronald Erickson - 05220

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

Seq. # Filing Date Description Attachment
1 09/14/2010 NOTICE OF APPEAL : 09/09/2010
2 09/14/2010 ORDER FOR TRANSCRIPT : 09/09/2010
3 10/11/2010 RECORD ON APPEAL & SEPARATES (15, 23-25, 30a). Not rec'd Entry No. 17 (Cert. of Svc.)
4 10/14/2010 1st Supplemental Clerk's Certificate of Record (entry no. 17)
5 10/22/2010 TRANSCRIPT DATED August 5, 2010 & C.O.S.
6 10/22/2010 DISK - tra (8-5-10) (e-mailed)
7 12/02/2010 Received corrections to ATB & ATA.
8 12/02/2010 APPELLANT BRIEF (e-filed) View
9 12/02/2010 E-FILED BRIEF (ATB)
10 12/02/2010 APPELLANT APPENDIX (e-filed) PDF
11 12/02/2010 E-FILED APPENDIX (ATA) PDF
12 12/07/2010 Received $25 e-filing surcharge (Receipt #20083).
13 12/09/2010 RECEIVED 7 COPIES OF ATB FROM CENTRAL DUPLICATING.
14 12/09/2010 RECEIVED 6 COPIES OF ATA FROM CENTRAL DUPLICATING.
15 12/30/2010 APPELLEE BRIEF View
16 12/30/2010 DISK
17 01/04/2010 STATEMENT: Corrections to AEB cover received
18 01/19/2011 NOTICE OF ORAL ARGUMENT SENT
19 01/19/2011 Request for waiver of oral argument on behalf of Appellee
20 01/19/2011 E-FILED MOTION (Request for waiver of oral argument on behalf of Appellee)
21 01/24/2011 ACTION BY SUPREME COURT (Request to waive on behalf of Appellee) - Granted
22 01/24/2011 Oral argument on behalf of Appellant waived under Rule 34 (a)(2) (Sua sponte)
23 01/24/2011 ACTION BY SUPREME COURT (Waiver of oral argument on behalf of Appellant under Rule 34 (a)(2)) - Granted
24 02/28/2011 APPEARANCES: Submitted on brief by AT under N.D.R.App.P. 34(f); AE under N.D.R.App.P 34(a)(2)
25 02/28/2011 ARGUED: Submitted on brief by AT under N.D.R.App.P. 34(f); AE under N.D.R.App.P 34(a)(2)
26 08/18/2011 DISPOSITION
27 08/18/2011 SPLIT OPINION : Sandstrom, Dale V. View
28 08/18/2011 (CONCURRING) : Kapsner, Carol Ronning
29 08/18/2011 (JOINED CONCURRING) : Crothers, Daniel John
30 08/19/2011 Judgment Sent to Parties
31 09/19/2011 MANDATE
32 09/23/2011 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
33 03/22/2021 EXPUNGED - Nonpermanent record items destroyed