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Interest of Buller

Docket No. 20200168
Oral Argument: Waived

Docket Info

Title
In the Interest of David Buller

Anna A. Argenti, Assistant State's Attorney, Petitioner and Appellee
v.
David Buller, Respondent and Appellant
Case Type
CIVIL APPEAL : CIVIL COMMIT OF SEXUAL PREDATOR
Appeal From
Case No. 2020-MH-00024
South Central Judicial District, Burleigh County
Douglas Alan Bahr

Parties' Statement of Issues

  • Appellant

    1. Was the second Petition for Commitment of Sexually Dangerous Individual, dated March 6, 2020 precluded by the doctrine of res judicata?
    2. Was the May 26, 2020 Order Granting Petition supported by clear and convincing evidence?


Summary

David Buller appeals from a district court order granting a petition for commitment of a sexually dangerous individual.

In January 2020, the State filed a petition for commitment of a sexually dangerous individual against Buller. After a preliminary hearing, the district court entered an order of dismissal of the State’s petition on January 28, 2020. Two days later, on January 30, 2020, the court entered an order vacating its previous order of dismissal and found probable cause existed. Buller filed a writ of mandamus to this Court challenging the January 30, 2020 order. Due to its procedural irregularity, this Court vacated the district court’s January 30, 2020 order without prejudice.

In March 2020, the State filed a new petition for commitment of a sexually dangerous individual against Buller. The district court granted the State’s petition.

On appeal, Buller argues the State’s second petition for commitment of a sexually dangerous individual was barred by res judicata because the January 28, 2020 order of dismissal was the final order on the merits once this Court vacated the January 30, 2020 order. Buller also argues the court’s order granting the second petition was not supported by clear and convincing evidence.


Briefs

Filing Date Description
09/17/2020 APPELLANT BRIEF View
10/16/2020 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Kent M Morrow - 03503
APPELLEE ASST. STATE'S ATTORNEY Karlei K. Neufeld - 08103

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

Seq. # Filing Date Description Attachment
1 06/18/2020 NOTICE OF APPEAL : 06/18/2020
2 06/18/2020 ORDER FOR TRANSCRIPT : 06/19/2020
3 06/19/2020 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 06/19/2020 Notice served on Kent M. Morrow and Karlei K. Neufeld
5 07/13/2020 ELECTRONIC TRANSCRIPT DATED JANUARY 28, 2020
6 07/13/2020 ELECTRONIC TRANSCRIPT DATED MARCH 11, 2020
7 07/13/2020 CERTIFICATE OF SERVICE TRANSCRIPTS
8 07/14/2020 ELEC. RECORD ON APPEAL DATED JULY 13, 2020 (ENTRY NOS. 2-51)
9 08/14/2020 ELECTRONIC TRANSCRIPT DATED MAY 6, 2020
10 08/14/2020 TRANSCRIPT C.O.S.
11 09/17/2020 APPELLANT BRIEF View
12 09/17/2020 Oral Argument Request by Appellant
13 09/17/2020 APPELLANT APPENDIX
14 09/21/2020 Rec'd $10.50 for 21 pages over 100 in Appendix (receipt #27829)
15 09/21/2020 Rec'd non-substantive corrections to ATB
16 09/23/2020 Rec'd 5 copies of ATB and 4 copies of ATA back from CD
17 10/16/2020 APPELLEE BRIEF View
18 10/16/2020 APPELLEE APPENDIX
19 10/20/2020 Rec'd copies of AEB & AEA from Central Duplicating
20 10/22/2020 NOTICE OF ORAL ARGUMENT SENT
21 10/27/2020 REQUEST TO WAIVE ORAL ARGUMENT ON BEHALF OF APPELLANT
22 10/27/2020 ACTION BY SUPREME COURT - Granted
23 11/17/2020 REQUEST TO WAIVE ORAL ARGUMENT ON BEHALF OF APPELLEE
24 11/17/2020 ACTION BY SUPREME COURT - Granted