In re the Civil Commitment of Crosby
2013 Minn. App. LEXIS 1
| Minn. Ct. App. | 2013Background
- Crosby pled guilty in 1987 to third-degree criminal sexual conduct; the plea included a promise the state would not file probate-court petitions for civil commitment.
- The 1987 promise does not bar future civil-commitment petitions based on later misconduct.
- In 2009 the district court indeterminately committed Crosby as sexually dangerous and as a sexual psychopathic personality, relying on a new 2009 offense and related materials.
- 2009 conduct included using a minor in a sexual performance and possession of extensive sexually violent literature and images.
- Police recovered vast sexually explicit material, including encrypted files, after Crosby’s home search in 2009, with admissions of viewing such material.
- Crosby petitioned for civil commitment; the district court found good cause and relied on the history and 2009 conduct to affirm commitment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the 1987 plea bar the current petition? | Crosby | Crosby | No; the promise does not preclude current petition. |
| Is Crosby’s 2009 conduct part of a course of harmful conduct or habitual misconduct? | Crosby | Crosby | Yes; evidence shows a course of harmful sexual conduct and habitual pattern. |
| Is there clear and convincing evidence Crosby lacks control and is likely to reoffend? | Crosby | Crosby | Yes; the record supports utter lack of control and likelihood of harm. |
Key Cases Cited
- In re Thulin, 660 N.W.2d 140 (Minn.App. 2003) (de novo review of legal questions in commitment cases)
- In re Linehan (Linehan I), 518 N.W.2d 609 (Minn. 1994) (definition of habitual course of misconduct and lack of control)
- In re Blodgett, 510 N.W.2d 910 (Minn. 1994) (factors for lacking power to control sexual impulses)
- In re Ramey, 648 N.W.2d 260 (Minn. 2002) (court may consider non-convicted evidence in commitment analysis)
- In re Stone, 711 N.W.2d 831 (Minn.App. 2006) (statutory factors for likelihood of reoffense in commitment)
- Dittrich v. Brown Cnty., 215 Minn. 234 (9 N.W.2d 510) (credibility and appellate deference to district-court findings)