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In re G.L.D

Supreme Court of North Dakota

October 28, 2014

In the Interest of G.L.D.
v.
G.L.D., Respondent and Appellant Brian D. Grosinger, Assistant State's Attorney, Petitioner and Appellee

Appeal from the District Court of Morton County, South Central Judicial District, the Honorable Bruce A. Romanick, Judge.

Brian D. Grosinger, Assistant State's Attorney, Mandan, N.D., for petitioner and appellee; submitted on brief.

Gregory I. Runge, Bismarck, N.D., for respondent and appellant; submitted on brief.

Gerald W. VandeWalle, C.J., Carol Ronning Kapsner, Lisa Fair McEvers, Daniel J. Crothers, Dale V. Sandstrom. Opinion of the Court by VandeWalle, Chief Justice.

OPINION

Page 100

VandeWalle, Chief Justice.

[¶1] G.L.D. appealed from district court orders denying his motion to compel discovery and his petition for discharge from treatment as a sexually dangerous individual. We conclude the court abused its discretion in denying G.L.D.'s motion to compel discovery. We reverse the order denying the motion to compel discovery, and we vacate the order denying the petition for discharge and remand for further proceedings on that petition.

I

[¶2] In 2007, G.L.D. was committed to the custody of the Department of Human Services for treatment as a sexually dangerous individual and, in 2011, this Court affirmed an order denying his petition for discharge. In re G.L.D., 2011 ND 52, ¶ ¶ 1, 12, 795 N.W.2d 346. This Court subsequently summarily affirmed another order denying G.L.D.'s petition for discharge from commitment as a sexually dangerous individual. In re G.L.D., 2012 ND 233, ¶ 1, 823 N.W.2d 786.

[¶3] In February 2013, G.L.D. petitioned for discharge from commitment as a sexually dangerous individual. In April 2013, Dr. Lynne Sullivan submitted an evaluation to the district court on behalf of the State, concluding G.L.D. remains a sexually dangerous individual. Dr. Sullivan's evaluation referred to a comprehensive review of G.L.D.'s chart at the State Hospital and noted conflicts with other residents and staff at the State Hospital.

Page 101

[¶4] G.L.D. requested production of the following documents from the Morton County State's Attorney's office:

REQUEST NO. 1: [G.L.D.'s] complete medical file, including but not limited to:
a. All North Dakota State Hospital chart notes from March 6, ...

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