Erickson v. Rubey
801 N.W.2d 702
| N.D. | 2011Background
- McLean County State’s Attorney petitioned to commit Rubey as a sexually dangerous individual under N.D.C.C. ch. 25-03.3.
- A March 2010 preliminary hearing found probable cause and Rubey was transferred to the North Dakota State Hospital for evaluation.
- The State retained Dr. Lisota; an independent evaluator, Dr. Kelly, was also appointed at Rubey’s request.
- Evaluations were submitted: Lisota on April 29, 2010; Kelly on July 16, 2010.
- An August 5, 2010 commitment hearing occurred; only Lisota testified for the State; Rubey presented no witnesses.
- The district court found by clear and convincing evidence that Rubey is a sexually dangerous individual and committed him.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court’s findings complied with Rule 52(a) | Rubey | Rubey | No reversible error; findings supported by evidence |
| Whether the district court erred by considering the independent expert’s testimony | Rubey | Rubey | Evidence admissible; error, if any, is harmless |
| Whether clear and convincing evidence shows sexual predatory conduct and predictive risk | Rubey admitted predatory conduct; pedophilia diagnosis supports likelihood | Rubey | Yes; the evidence establishes predatory conduct and likelihood of future acts |
Key Cases Cited
- In re T.O., 2009 ND 209 (ND 2009) (modified clearly erroneous standard for civil commitments)
- Matter of E.W.F., 2008 ND 130 (ND 2008) (defines 'likely to engage in further acts of sexually predatory conduct')
- Kansas v. Crane, 534 U.S. 407 (U.S. 2002) (due process requires serious difficulty in controlling behavior)
- In re R.A.S., 2008 ND 185 (ND 2008) (detailed findings; credibility and evidentiary basis critical)