Interest of Hoff

Docket No. 20190066
Oral Argument: Waived

Docket Info

Title
In the Interest of Robert R. Hoff
----------
Marina Spahr, 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
John W. Grinsteiner

Parties' Statement of Issues

  • Appellant

    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?

  • Appellee 1

    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.


Summary

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.


Briefs

Filing Date Description
05/14/2019 APPELLANT BRIEF View
06/13/2019 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Kent M Morrow - 03503
APPELLEE ASST. STATE'S ATTORNEY Marina Spahr - 05068

(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
10 05/14/2019 APPELLANT BRIEF View
11 05/14/2019 APPELLANT APPENDIX
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
14 06/13/2019 APPELLEE BRIEF View
15 06/13/2019 APPELLEE APPENDIX
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