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In re Aune

Supreme Court of North Dakota

November 12, 2014

In the Matter of Kyle James Aune; Mark R. Boening, Assistant State's Attorney, Petitioner and Appellee
v.
Kyle James Aune, Respondent and Appellant

Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Douglas R. Herman, Judge.

Mark R. Boening (argued), Assistant State's Attorney and Jacob Lundborg (on brief), under the Rule on Limited Practice of Law by Law Students, Fargo, N.D., for petitioner and appellee.

James D. Sandsmark, Fargo, N.D., for respondent and appellant.

Gerald W. VandeWalle, C.J., Lisa Fair McEvers, Carol Ronning Kapsner, Dale V. Sandstrom, Daniel J. Crothers.

OPINION

Per Curiam.

[¶1] Kyle Aune appealed from an order civilly committing him as a sexually dangerous offender. Aune contends that the State failed to prove by clear and convincing evidence that he has a congenital or acquired condition that is manifested by a sexual disorder, a personality disorder, or other mental disorder or dysfunction that makes him likely to engage in further acts of sexually predatory conduct which constitute a danger to the physical or mental health or safety of others. Aune also argues that his due process rights were violated when he was committed as a sexually dangerous individual based solely upon conduct occurring while he was a juvenile. Aune did not raise the due process issue in the district court, and has raised it for the first time on appeal.

[¶2] We summarily affirm the order under N.D.R.App.P. 35.1(a)(2) and (7). See In re R.A.S., 2008 ND 185, ¶ 12, 756 N.W.2d 771 (when a party fails to raise an issue before the district court, even a constitutional issue, the issue will not be addressed on appeal).

[¶3] Gerald W. VandeWalle, C.J., Lisa Fair McEvers, Carol Ronning Kapsner, Dale V. Sandstrom, Daniel J. Crothers


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