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In the Matter of M.D. Brian D. Grosinger, Assistant State's Attorney v. M.D.

December 18, 2012

IN THE MATTER OF M.D. BRIAN D. GROSINGER, ASSISTANT STATE'S ATTORNEY, PETITIONER AND APPELLEE
v.
M.D., RESPONDENT AND APPELLANT



Appeal from the District Court of Morton County, South Central Judicial District, the Honorable Thomas J. Schneider, Judge.

The opinion of the court was delivered by: Sandstrom, Justice.

N.D. Supreme CourtMatter of M.D., 2012 ND 261

This opinion is subject to petition for rehearing. [Go to Documents]

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Dissent filed.

AFFIRMED.

Opinion of the Court by Sandstrom, Justice.

Matter of M.D.

No. 20120158

[¶1] M.D. appeals from a district court order denying his petition for discharge from commitment as a sexually dangerous individual. M.D. argues the court's finding that he remains a sexually dangerous individual is clearly erroneous and the court abused its discretion in granting the State's motion for a continuance. We affirm.

I

[¶2] In 1993, M.D. pled guilty to gross sexual imposition for engaging in sexual acts with a fourteen-year-old boy. In 1998, M.D. was committed as a sexually dangerous individual, and this Court affirmed the commitment order. In re M.D., 1999 ND 160, 598 N.W.2d 799. In 2007, M.D. petitioned for discharge, and the district court denied his petition. M.D. appealed and this Court affirmed the district court order. In re M.D., 2008 ND 208, 757 N.W.2d 559. In 2010, this Court affirmed the district court's denial of M.D.'s second petition for discharge. In re M.D., 2010 ND 190, 795 N.W.2d 37.

[¶3] In November 2010, M.D. petitioned for discharge. The State's expert, Robert Lisota, Ph.D., filed a reevaluation report and later filed an updated report. Robert Riedel, Ph.D., was appointed as an independent evaluator and filed a report. A hearing was scheduled to be held on October 28, 2011. The State moved for a continuance on the morning of the hearing, claiming Dr. Lisota had planned to testify and had traveled to Bismarck prior to the hearing but had a medical emergency and was unable to testify. M.D. objected to the State's request. The district court granted the State's motion and ordered the State to pay Dr. Riedel's travel expenses.

[ΒΆ4] The hearing was rescheduled and was held on January 27, 2012. The court considered the testimony presented at the hearing and the experts' reports and found M.D. remains a sexually dangerous individual. On February 21, 2012, the ...


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