Jund v. Johnnie B's Bar & Grill, Inc.
2011 ND 230
| N.D. | 2011Background
- The State petitioned to commit J.T.N. as a sexually dangerous individual in February 2005 and he was committed July 2005.
- J.T.N. pursued discharge multiple times, with a discharge denial in November 2006 and withdrawals of petitions in April 2008 and September 2009; the current discharge petition was filed February 2010.
- A two-day discharge hearing occurred in November 2010, with the State calling two witnesses and J.T.N. presenting five expert witnesses.
- In February 2011 the district court found J.T.N. remained sexually dangerous and denied discharge, leading to this appeal.
- This Court reviews under a modified clearly erroneous standard, giving deference to the district court’s credibility determinations and weighing of expert testimony.
- The Supreme Court affirmed the district court’s decision; Justice Crothers authored the opinion; Justice Kapsner dissented.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court’s finding of likely future predatory conduct is supported by clear and convincing evidence | State: sufficient evidence shows risk of reoffense | J.T.N.: no sufficient evidence of future danger | Supported by clear and convincing evidence; affirmed |
| Whether the district court correctly found serious difficulty controlling behavior | State: evidence shows inability to control behavior in hospital | J.T.N.: expert testimony undermines the finding | Not clearly erroneous; affirmed |
| Whether the court misapplied law by relying on prior offenses, antisocial diagnosis, or actuarial scores | State: prior history and actuarial data support risk; credibility determinations deferential | J.T.N.: reliance on prior offenses and Lisota’s credibility flawed | No reversible error; affirmed |
Key Cases Cited
- Matter of Midgett, 2010 ND 98, 783 N.W.2d 27 (ND (2010)) (clear and convincing standard; nexus between disorder and dangerousness)
- Interest of G.R.H., 2008 ND 222, 758 N.W.2d 719 (ND (2008)) (credibility and weight of expert testimony in SDA proceedings)
- Wolff, 2011 ND 76, 796 N.W.2d 644 (ND (2011)) (deference to trial court credibility determinations)
- Voisine, 2010 ND 17, 777 N.W.2d 908 (ND (2010)) (consideration of all relevant conduct in determining danger)