Ernst v. State
Opinion
Filed 11/17/09 by Clerk of Supreme Court
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2009 ND 185
In the Matter of E.W.F.
Cass County State’s Attorney, Petitioner and Appellee
v.
E.W.F., Respondent and Appellant
No. 20090082
Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Steven E. McCullough, Judge.
AFFIRMED.
Per Curiam.
Ryan J. Younggren, Assistant State’s Attorney, Courthouse, P.O. Box 2806, Fargo, N.D. 58108-2806, for petitioner and appellee.
Richard E. Edinger, P.O. Box 1295, Fargo, N.D. 58107-1295, for respondent and appellant; submitted on brief.
Matter of E.W.F.
[¶1] E.W.F. appeals a district court order denying his petition for discharge from commitment as a sexually dangerous individual. E.W.F. argues his civil commitment violates his substantive due process rights as announced in Kansas v. Crane , 534 U.S. 407 (2002), and Kansas v. Hendricks , 521 U.S. 346 (1997). We have previously addressed and rejected this argument. Matter of E.W.F. , 2008 ND 130, ¶¶ 17-21, 751 N.W.2d 686.
[¶2] We summarily affirm under N.D.R.App.P. 35.1(a)(2), as well as under N.D.R.App.P. 35.1(a)(7), Matter of E.W.F. , 2008 ND 130, 751 N.W.2d 686.
[¶3] Gerald W. VandeWalle, C.J.
Dale V. Sandstrom
Daniel J. Crothers
Mary Muehlen Maring
Carol Ronning Kapsner
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