Search Tips

Interest of Voisine

Docket No. 20190155
Oral Argument: Tuesday, November 12, 2019 1:30 PM

Docket Info

Title
In the Interest of Raymond Voisine,

Ladd R. Erickson, State's Attorney, Petitioner and Appellee
v.
Raymond J. Voisine, Respondent and Appellant
Case Type
CIVIL APPEAL : CIVIL COMMIT OF SEXUAL PREDATOR
Appeal From
Case No. 08-R-00002
South Central Judicial District, Sheridan County
Bruce A. Romanick

Parties' Statement of Issues

  • Appellant

    I. Whether the District Court erred in granting the state’s request for a continuance when the state’s request was based upon the state’s inability to follow the statute and Constitution
    II. Whether the District Court erred in denying Voisine’s Motion in Limine and/or Objections
    III. Whether the District Court erred in denying, if it did, Voisine’s Motion for Judgment as a Matter of Law
    IV. Whether the District Court’s Order’s factual findings regarding Prongs two, three, and the volitional control elements satisfy the state’s burden of proving each element by clear and convincing evidence

  • Appellee 1

    1. Was the trial court within its discretion to grant the State's motion tp continue the February 1, 2019 annual review hearing ?


Summary

Voisine appeals from a district court order finding he remains a sexually dangerous individual.

On October 9, 2018, Voisine requested a discharge hearing. On October 17, 2018, the hearing was scheduled for February 1, 2019. On January 30, 2019, the State requested a continuance on the grounds that they had not received the North Dakota State Hospital’s report and because the State needed time to review the report by Voisine’s evaluator submitted on January 29, 2019. On January 30, 2018, Voisine objected to the continuance. On January 31, 2019, the district court continued the hearing until March 25, 2019. After the hearing, the district court found Voisine remained a sexually dangerous individual. Voisine appeals.

Voisine argues the district court erred by (1) granting the state’s request for continuance, (2) not holding a hearing within 365 days of the previous report or within a calendar year, (3) allowing the state to file and rely on an expert’s report that was filed late, and (4) failing to find by clear and convincing evidence that Voisine remains a sexually dangerous individual. Voisine requests that this Court reverse the district court and grant him immediate release.


Briefs

Filing Date Description
08/29/2019 APPELLANT BRIEF View
09/26/2019 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE STATE'S ATTORNEY Ladd Ronald Erickson - 05220
APPELLANT COURT APPOINTED Tyler J. Morrow - 06923

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

Seq. # Filing Date Description Attachment
1 05/13/2019 NOTICE OF APPEAL : 05/13/2019
2 05/13/2019 ORDER FOR TRANSCRIPT : 05/14/2019
3 05/14/2019 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 05/14/2019 Notice served on Tyler J. Morrow and Ladd R. Erickson
5 06/07/2019 ELEC. RECORD ON APPEAL DATED JUNE 7, 2019 (ENTRY NOS. 1-280)
6 06/18/2019 AMENDED ELEC. RECORD ON APPEAL DATED JUNE 18, 2019 (ENTRY NOS. 1-114, 116-281)
7 07/10/2019 ELECTRONIC TRANSCRIPT DATED MARCH 25, 2019
8 07/10/2019 Certificate of Service for Transcript
9 07/18/2019 MOT. EXT/TIME APPELLANT BRIEF
10 07/18/2019 ACTION BY CLERK - Granted : 08/29/2019
11 08/29/2019 APPELLANT BRIEF View
12 08/29/2019 APPELLANT APPENDIX
13 08/29/2019 Oral Argument Request by Appellant
14 09/03/2019 Rec'd non-substantive corrections to ATB & ATA
15 09/05/2019 Rec'd 6 copies of ATB & ATA from CSD
16 09/26/2019 APPELLEE BRIEF View
17 09/26/2019 Oral Argument Request by Appellee
18 10/02/2019 Rec'd corrections for AEB
19 10/03/2019 Rec'd 6 copies of AEB back from Central Duplicating
20 10/18/2019 NOTICE OF ORAL ARGUMENT SENT
21 11/12/2019 APPEARANCES: Tyler J. Morrow; Ladd R. Erickson
22 11/12/2019 ARGUED: Tyler J. Morrow; Ladd R. Erickson
23 11/12/2019 ORAL ARGUMENT WEBCAST