Interest of Hoff
- In the Interest of Robert R. Hoff
Marina Spahr, Assistant State's Attorney, Petitioner and Appellee
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
John W. Grinsteiner
Parties' Statement of Issues
1) Did the lower court commit reversible error when it granted the State’s Motion for Continuance of the January 29, 2019 Discharge Hearing?
2) Did the lower court commit reversible error when it determined that Hoff would have serious difficulty in controlling his behavior if released?
I. Whether the district court abused its discretion when it granted the State's Motion for Continuance of the January 29, 2019 Discharge Hearing.
II. Whether the district court erred in finding by clear and convincing evidence that Hoff continues to have serious difficulty controlling his behavior.
Robert Hoff appeals from the district court’s order finding he remains a sexually dangerous individual and denying his discharge from civil commitment.
Hoff was civilly committed in 2005. He petitioned the district court for discharge on October 10, 2018. A hearing was scheduled for January 29, 2019. The State’s witness was unavailable for the January 29 hearing. At the State’s request, the district court continued the hearing to February 21, 2019. Following the February 21 hearing, the district court found Hoff remains a sexually dangerous individual and ordered his continued commitment.
On appeal, Hoff argues the district court abused its discretion in granting the State’s motion for a continuance without finding good cause. Hoff also argues the district court erred in finding that he would have difficulty controlling his behavior if released.
The State argues the district court did not abuse its discretion in granting its motion for continuance of the January 29, 2019, hearing. The State also argues the district court properly found by clear and convincing evidence that Hoff continues to be a sexually dangerous individual.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||02/27/2019||NOTICE OF APPEAL : 02/27/2019|
|2||02/27/2019||ORDER FOR TRANSCRIPT : 02/28/2019|
|3||02/27/2019||NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.|
|4||02/27/2019||Notice served on Kent M. Morrow and Marina Spahr|
|5||03/26/2019||ELEC. RECORD ON APPEAL DATED MARCH 25, 2019 (ENTRY NOS. 1-7, 9-22, 26-63, 65-66, 68-200, 203-328)|
|6||03/26/2019||NOT RECEIVED #8, #23, #24, #25, #64, #67,|
|7||04/26/2019||ELECTRONIC TRANSCRIPT DATED JANUARY 29, 2019|
|8||04/26/2019||ELECTRONIC TRANSCRIPT DATED FEBRUARY 21, 2019|
|9||04/26/2019||CERTIFICATE OF SERVICE FOR TRANSCRIPTS DATED JANUARY 29, 2019 & FEBRUARY 21, 2019|
|12||05/16/2019||Rec'd $25 surcharge for ATB (Receipt No 27068)|
|13||05/23/2019||Rec'd 6 copies of ATB/ATA from Central Duplicating|
|16||06/18/2019||Rec'd non-substantive corrections to AEB & AEA and proof of service|
|17||06/20/2019||Rec'd 6 copies each of AEB & AEA from Central Duplicating|
|18||08/02/2019||NOTICE OF ORAL ARGUMENT SENT|
|19||08/08/2019||Received $25 e-filing surcharge for AEB (Receipt #27324)|
|20||08/21/2019||REQUEST TO WAIVE ORAL ARGUMENT ON BEHALF OF APPELLANT|
|21||08/22/2019||ACTION BY SUPREME COURT - Granted|
|22||08/22/2019||S.CT. DETERMINED ORAL ARGUMENT NOT NECESSARY ON BEHALF OF THE PETITIONER/APPELLEE|