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Interest of Hoff

Docket No. 20120248
Oral Argument: Wednesday, November 7, 2012 4:00pm

Docket Info

Title
In the Interest of Robert R. Hoff
-----------------------------
Pamela A. Nesvig,
Assistant State's Attorney, Petitioner and Appellee
v
Robert R. Hoff, Respondent and Appellant
Case Type
CIVIL APPEAL : CIVIL COMMIT OF SEXUAL PREDATOR
Appeal From
Case No. 05-R-00363
South Central Judicial District, Burleigh County
Bruce A. Romanick
2013 ND 68830 N.W.2d 608

Highlight

A district court's decision whether to require an individual to be restrained during a civil commitment proceeding is reviewed for an abuse of discretion.
An individualized determination that restraints are necessary must be made after an individual requests that the restraints be removed. Restraints should not exceed what the particular situation requires.
The determination whether restraints are necessary requires an individualized determination on the record of the individual's record, temperament, and desperateness of his situation; the security situation at the courtroom and courthouse; the individual's physical condition; and whether there was an adequate means of providing security that was less prejudicial.
A district court abuses its discretion when it fails to make an independent assessment whether to require an individual to remain restrained during a civil commitment hearing.


Briefs

Filing Date Description
08/24/2012 APPELLANT BRIEF View
09/26/2012 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE ASST. STATE'S ATTORNEY Pamela A. Nesvig - 05980
APPELLANT COURT APPOINTED Gregory Ian Runge - 04724

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

Seq. # Filing Date Description Attachment
1 05/24/2012 NOTICE OF APPEAL : 05/23/2012
2 05/24/2012 ORDER FOR TRANSCRIPT : 05/23/2012
3 05/29/2012 Admission of Service of OTR from Lisa Soma
4 06/22/2012 ELEC. RECORD ON APPEAL DATED 06/21/2012 (ENTRY NOS.1-7, 9-22, 26-66, 68-141)
5 07/06/2012 TRANSCRIPT DATED March 26, 2012 & C.O.S.
6 07/06/2012 DISK - tra (3/26/12) (e-mailed)
7 08/15/2012 MOT. EXT/TIME APPELLANT BRIEF (e-mail letter)
8 08/15/2012 E-FILED MOTION
9 08/15/2012 ACTION BY CLERK - Granted : 08/24/2102
10 08/24/2012 APPELLANT BRIEF View
11 08/24/2012 E-FILED BRIEF
12 08/24/2012 APPELLANT APPENDIX
13 08/24/2012 E-FILED APPENDIX
14 08/30/2012 Received $25 e-filing surcharge for ATB (Receipt #21479)
15 09/04/2012 Received 7 copies of ATB from Central Duplicating
16 09/04/2012 Received 6 copies of ATA from Central Duplicating
17 09/26/2012 APPELLEE BRIEF View
18 09/26/2012 DISK-AEB (e-mailed)
19 09/27/2012 REQUEST TO WAIVE ORAL ARGUMENT ON BEHALF OF APPELLANT
20 09/27/2012 E-FILED MOTION
21 09/27/2012 REQUEST TO WAIVE ORAL ARGUMENT ON BEHALF OF APPELLEE
22 09/27/2012 E-FILED MOTION
23 10/18/2012 NOTICE OF ORAL ARGUMENT SENT
24 11/01/2012 ACTION BY SUPREME COURT (Request to waive oral argument by Appellant) - Granted
25 11/01/2012 ACTION BY SUPREME COURT (Request to waive oral argument by Appellee) - Granted
26 11/07/2012 APPEARANCES: Waived under N.D.R.App.P. 34(f)
27 11/07/2012 ARGUED: Waived
28 05/14/2013 DISPOSITION
29 05/14/2013 SPLIT OPINION : Kapsner, Carol Ronning View
30 05/14/2013 Concur in the result : VandeWalle, Gerald W.
31 05/14/2013 DISSENT : Sandstrom, Dale V.
32 05/16/2013 Judgment Sent to Parties
33 06/12/2013 MANDATE
34 09/26/2013 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE