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In re Muscha

Supreme Court of North Dakota

December 19, 2013

In the Matter of Cruz Timothy MUSCHA.
v.
Cruz Timothy Muscha, Respondent and Appellant. Bradley A. Cruff, Barnes County Assistant State's Attorney, Petitioner and Appellee

Editorial Note:

This decision appears in the reporter in a table titled 'Supreme Court of North Dakota Affirmances by Summary Opinion', published quarterly by rule. See N.D.R.App.P., Rule 35.1

Appeal fro the District Court of Barnes County, Southeast Judicial District, the Honorable John T. Paulson, Judge.

Lee M. Grossman, State's Attorney, Valley City, N.D., for petitioner and appellee; submitted on brief.

Russell J. Myhre, Valley City, N.D., for respondent and appellant; submitted on brief.

PER CURIAM.

[¶ 1] Cruz Timothy Muscha appealed from an order civilly committing him to the North Dakota State Hospital as a sexually dangerous individual under N.D.C.C. ch. 25-03.3. The only issue Muscha raises on appeal is that the district court abused its discretion in allowing the introduction of, and partly basing its decision upon, evidence about his Static 99-R and MnSOST-R actuarial risk assessment scores. Because we conclude the court did not abuse its discretion, we summarily affirm the order under N.D.R.App.P. 35.1(a)(4).

[¶ 2] GERALD W. VANDE WALLE, C.J., DALE V. SANDSTROM, DANIEL J. CROTHERS, MARY MUEHLEN MARING and CAROL RONNING KAPSNER, JJ., concur.


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