Matter of Hehn
2013 ND 191
| N.D. | 2013Background
- Hehn is civilly committed as a sexually dangerous individual in North Dakota.
- Hehn previously pursued multiple discharge petitions while the district court repeatedly denied them.
- The district court held hearings and findings on the 2010 and 2011 petitions, with appellate reversals and remands leading to further proceedings.
- In 2013 the district court denied an immediate hearing on Hehn’s third petition, scheduling the hearing after January 3, 2014.
- The court treated annual evaluations under N.D.C.C. § 25-03.3-17 as mandatory and discharged the separate discharge-petition procedures under § 25-03.3-18.
- The North Dakota Supreme Court affirmed, holding (1) Hehn remained sexually dangerous and (2) Hehn was not entitled to another discharge hearing until twelve months had passed since the last hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court’s denial of discharge is supported by clear and convincing evidence | State contends evidence shows continued dangerousness and likelihood of reoffending | Hehn challenges the sufficiency and reliability of the State's expert opinions | No reversible error; evidence supports continued dangerousness |
| Whether Hehn was entitled to an immediate hearing on his third petition for discharge | State argues twelve-month wait applies after last discharge hearing | Hehn contends annual petition rights require a hearing each year | District court did not err; no right to a hearing within twelve months of the prior hearing |
| Whether the annual evaluations and petition procedures operate distinctly under §§ 25-03.3-17 and 25-03.3-18 | State relies on annual evaluations and discretionary hearings following reports | Hehn argues rights to discharge hearings should be yearly under § 25-03.3-18 | Statute allows one discharge hearing per twelve-month period; district court proper |
Key Cases Cited
- In re Graham, 2013 ND 171 (North Dakota Supreme Court, 2013) (requires clear and convincing evidence for discharge determinations)
- In re J.G., 2013 ND 26 (North Dakota Supreme Court, 2013) (applies modified clearly-erroneous standard)
- In re Hehn, 2011 ND 214 (North Dakota Supreme Court, 2011) (discusses annual review/sufficiency of findings in discharge petitions)
- In re Hehn, 2012 ND 191 (North Dakota Supreme Court, 2012) (affirmed district court on remand after further findings)
- In re Hehn, 2008 ND 36 (North Dakota Supreme Court, 2008) (initial civil commitment as sexually dangerous individual)