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Interest of P.S.

Docket No. 20220298
Oral Argument: Waived

Docket Info

Title
In the Interest of P.S.

State of North Dakota, Petitioner and Appellee
v.
P.S., Respondent and Appellant
Case Type
CIVIL APPEAL : CIVIL COMMIT OF SEXUAL PREDATOR
Appeal From
Case No. 04-R-00020
Northeast Judicial District, McHenry County
Michael Patrick Hurly
2023 ND 100991 N.W.2d 47

Highlight

Civil commitments of sexually dangerous individuals are reviewed under a modified clearly erroneous standard. A district court’s decision will be affirmed unless it is induced by an erroneous view of the law or the decision is not supported by clear and convincing evidence.

Substantive due process requires that in order to be civilly committed as a sexually dangerous individual, that individual must have serious difficulty controlling their behaviors. There must be a connection between an individual’s disorder and their inability to control behavior such that it would likely result in future sexually predatory conduct. In establishing this connection, a district court cannot rely solely on prognostic factors, but must support its finding with contemporary evidence or specific instances of conduct to demonstrate serious difficulty controlling behavior.

Under N.D.C.C. § 25-03.3-13, the executive director of the Department of Human Services maintains authority to place a sexually dangerous individual in an appropriate facility or program at which treatment is available. A district court is not allowed to determine treatment placement under N.D.C.C. § 25-03.3-13 at a discharge hearing.


Briefs

Filing Date Description
02/22/2023 APPELLANT BRIEF View
03/24/2023 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Jonathon (Jack) F. Yunker - 08709
APPELLEE STATE'S ATTORNEY Joshua Edwin Frey - 07840

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

Seq. # Filing Date Description Attachment
1 10/06/2022 NOTICE OF APPEAL : 10/06/2022 View
2 10/06/2022 ORDER FOR TRANSCRIPT : 11/08/2022 View
3 11/08/2022 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. View
4 11/08/2022 Notice served on P.S. & Joshua E. Frey
5 11/15/2022 ELEC. RECORD ON APPEAL DATED NOVEMBER 14, 2022 (ENTRY NOS. 1-286) View
6 11/15/2022 AMENDED ELEC. RECORD ON APPEAL DATED NOVEMBER 15, 2022 (ENTRY NOS.1-287) View
7 11/15/2022 2ND AMENDED ELEC. RECORD ON APPEAL DATED NOVEMBER 15, 2022 (ENTRY NOS.1-217, 219-239 & 241-288) View
8 01/05/2023 MOT. EXT/TIME TRANSCRIPT
9 01/05/2023 ACTION BY TRIAL COURT - Granted : 01/13/2023
10 01/13/2023 All Transcripts Filed in Record
11 01/19/2023 1ST ELEC. SUPP. RECORD ON APPEAL DATED JANUARY 18, 2023 (ENTRY NOS. 289-293) View
12 02/22/2023 APPELLANT BRIEF View
13 02/23/2023 Rec'd corrections to ATB (table of authorities, footnote, and title)
14 02/24/2023 Rec'd 4 copies of ATB from Central Duplicating
15 03/21/2023 NOTICE OF ORAL ARGUMENT SENT
16 03/24/2023 APPELLEE BRIEF View
17 03/24/2023 Oral Argument Request by Appellee
18 03/27/2023 Rec'd 4 copies of AEB from CSD
19 04/13/2023 MOTION TO WAIVE ARGUMENT View
20 04/13/2023 ACTION BY SUPREME COURT - Granted
21 04/13/2023 ORAL ARGUMENT WAIVED - STIPULATION TO WAIVE ORAL ARGUMENT BY APPELLANT AND APPELLEE
22 04/18/2023 APPEARANCES: Waived under N.D.R.App.P. 34(a)(1)(D)
23 04/18/2023 ARGUED: Waived under N.D.R.App.P. 34(a)(1)(D)
24 05/30/2023 DISPOSITION
25 05/30/2023 UNANIMOUS OPINION : Jensen, Jon J. View
26 05/30/2023 Judgment View
27 06/15/2023 2ND ELEC. SUPP. RECORD ON APPEAL DATED JUNE 14, 2023 (ENTRY NOS. 295)
28 06/21/2023 MANDATE