*1
203
later, during
evening
drinking
an
of
months
Dwight
of
In the Matter
friends,
group
partially
with a
of
Walton
(NMN) WALTON.
briefly fon-
sleeping
a
woman and
disrobed
No. C9-92-1749.
genital
breasts and
area. Walton
dled her
charged
attempted criminal sexual
was
with
of Minnesota.
Supreme Court
charge
degree.
in the third
This
conduct
July 21
burglary charge from the
and a
14, 1994.
Jan.
dropped
exchange
in
for Wal-
incident were
guilty
degree criminal
plea
ton’s
of
to fourth
conduct,
he was sentenced
sexual
for which
15, 1990, to 29 months less time
on October
scheduled to be re-
served. Walton was
2,May
on
1992.
leased
Eliason,
Paul,
ap-
Harry E.
South St.
for
1992,
February
at
Park
In
of
staff
Oak
pellant.
Dakota
Heights
referred
to the
Walton
for
County Attorney’s Office to be screened
Baekstrom,
County Atty.,
Dakota
James C.
personality.
psychopathic
as a
commitment
County Atty.,
Halpenny, Asst.
Pauline M.
peti-
county attorney filed a commitment
The
Hastings,
respondent.
for
17,
hearing
April
1992. The initial
tion on
the
April
on
29 and 30 before
was held
Judge
K.
Honorable Patrice
Sutherland.
that the state had met
concluded
Sutherland
“by
proof
presenting
of
clear and
its burden
SIMONETT, Justice.
[appellant] meets
convincing evidence that
statutory
Psychopathic
a
Per-
criteria of
the
Dwight
was determined to be a
Walton
§
in
526.09
sonality” as defined Minn.Stat.
by
personality” as defined
“psychopathic
(1992).
appellant committed to
ordered
She
(1992)
§
and was commit-
Minn.Stat.
526.09
(MSH)
Security Hospital
Minnesota
for a
the
Security Hospital for an
ted to the Minnesota
60-day evaluation.
appeals the
period of time. He
indefinite
affirming the
appeals
of the court of
decision
24, 1992, Dr. Michael Farnsworth
On June
Specifically,
order.
Walton
commitment
60-day report
the
the
with
of MSH filed
constitutionality
challenges
of sections
the
court,
sex
labelling appellant a “recidivist
light
in
of the United States Su-
526.09-.10
ill,
who,
may
mentally
be
not
offender”
while
in Foucha v. Louisi-
preme Court’s decision
hearing,
on
final
held
dangerous. After the
—
1780,
ana,
-,
112 S.Ct.
118
U.S.
15,
prior
confirmed its
July 8 and
the court
(1992).
holding in
We find our
L.Ed.2d 437
conclusions,
§
consti
found Minn.Stat.
526.09
(Minn.1994)
Blodgett,
re
holding in controls the appeal. The decision of the court of
Walton’s affirming of
appeals the trial court’s order
commitment is affirmed.
Affirmed.
WAHL, (dissenting). Justice my in
For reasons stated in dissent In re today, respectfully I
Blodgett, released dis-
sent.
KEITH, (dissenting). Chief Justice join
I the dissent of Justice Wahl.
TOMLJANOVICH, (dissenting). Justice join
I the dissent of Justice Wahl.
Douglas KRUEGER, Appellant, P.
v.
STATE FARM FIRE AND CASUALTY
COMPANY, al., Respondents. et
No. C1-93-928. Appeals,
Court of of Minnesota. 28,
Dec. 1993.