Matter of Muscha

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Court Description: Order civilly committing appellant as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(4).



IN THE SUPREME COURT STATE OF NORTH DAKOTA 2013 ND 233

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

No. 20130154

Appeal from the District Court of Barnes County, Southeast Judicial District, the Honorable John T. Paulson, Judge.
AFFIRMED.
Per Curiam.
Lee M. Grossman, State's Attorney, 230 4th Street Northwest, Room 301, Valley City, N.D. 58072, for petitioner and appellee; submitted on brief.
Russell J. Myhre, P.O. Box 475, Valley City, N.D. 58072, for respondent and appellant; submitted on brief.

Matter of MuschaNo. 20130154

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. VandeWalle, C.J.
Dale V. Sandstrom
Daniel J. Crothers
Mary Muehlen Maring
Carol Ronning Kapsner

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