Miller v. Mees
2011 ND 166
| N.D. | 2011Background
- Petition for commitment of Rubey as a sexually dangerous individual under N.D.C.C. ch. 25-03.3; district court found probable cause and ordered evaluation at North Dakota State Hospital; two expert evaluations were filed by Lisota (State) and Kelly (independent); only Lisota testified at the commitment hearing; district court made on-record findings supporting commitment; Rubey challenged the sufficiency of factual findings, reliance on the independent expert, and nexus/controlling-difficulty findings; the district court ultimately committed Rubey and the Supreme Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court failed to set separate findings of fact and conclusions of law. | Rubey; argues lack of separate factual findings. | Rubey; contends need for explicit nexus and control findings. | No reversible error; findings on record sufficed. |
| Whether the district court erred by considering the independent expert's testimony. | Rubey; argues improper reliance on Kelly. | State relied primarily on Lisota; Dr. Kelly's report acknowledged. | Harmless error; evidence supported commitment. |
| Whether clear and convincing evidence supported that Rubey is a sexually dangerous individual. | State; shows pedophilia diagnosis and history of predatory conduct. | Rubey; argues insufficient nexus and control evidence. | Yes, clear and convincing evidence supported commitment. |
| Whether there was proof of nexus between pedophilia diagnosis and likelihood of future predatory conduct. | State; pedophilia diagnosis predicts future predatory acts. | Rubey; argues lack of explicit nexus. | Court found pedophilia sufficient to show likelihood of future conduct. |
| Whether Rubey has serious difficulty in controlling his behavior. | State; non-participation in treatment illustrates difficulty. | Rubey; challenges weight of control issue. | Yes, evidence showed serious difficulty controlling behavior. |
Key Cases Cited
- In re T.O., 2009 ND 209 (ND Supreme Court, 2009) (modified clearly erroneous standard for civil commitment; clear and convincing burden)
- In re E.W.F., 2008 ND 130 (ND Supreme Court, 2008) (definition of sexually dangerous individual; nexus and predictive conduct)
- In re R.A.S., 2008 ND 185 (ND Supreme Court, 2008) (requirement for detailed findings and credibility determinations)
- Kansas v. Crane, 534 U.S. 407 (U.S. Supreme Court, 2002) (due process requirement of serious difficulty in controlling behavior)