Whelan v. A.O. (N.D. 2011). · Go Syfert
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Whelan v. A.O. (N.D. 2011). Book View Copy Cite
12 citation events (12 in the last 25 years) across 1 distinct court.
Strongest positive: Matter of J.G. (nd, 2015-08-25)
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited "see, e.g." Matter of J.G.
N.D. · 2015 · signal: see also · confidence low
We have held the “determination of the least restrictive treatment available is initially made by the executive director of the Department, but the individual may challenge his continued commitment if the statutory requirements are being violated.” Interest of Whitetail , 2013 ND 143, ¶ 6 , 835 N.W.2d 827 ; see also Whelan v. A.O. , 2011 ND 26, ¶ 7 , 793 N.W.2d 471 ; Interest of P.F. , 2008 ND 37 , ¶ 24, 744 N.W.2d 724 ; In re G.R.H. , 2006 ND 56, ¶¶ 22, 27 , 711 N.W.2d 587 .
discussed Cited "see, e.g." Grosinger v. J.G.
N.D. · 2015 · signal: see also · confidence low
We have held the “determination of the least restrictive treatment available is initially made by the executive director of the Department, but the individual may challenge his continued commitment if the statutory requirements' are being violated.” Interest of Whitetail, 2013 ND 143, ¶ 6 , 835 N.W.2d 827 ; see also Whelan v. A.O., 2011 ND 26, ¶ 7 , 793 N.W.2d 471 ; Interest of P.F., 2008 ND 37 , ¶24, 744 N.W.2d 724 ; In re G.R.H., 2006 ND 56, ¶¶ 22, 27 , 711 N.W.2d 587 .
discussed Cited "see, e.g." Binder v. Whitetail
N.D. · 2013 · signal: see also · confidence low
See In re P.F., 2008 ND 37, ¶ 24 , 744 N.W.2d 724 ; see also Whelan v. A.O., 2011 ND 26, ¶ 7 , 793 N.W.2d 471 ; In re G.R.H., 2006 ND 56, ¶¶ 22, 27 , 711 N.W.2d 587 . [¶ 7] There is no dispute that the first two elements for determining whether a person is a sexually dangerous individual have been satisfied.
Retrieving the full opinion text from the archive…
Whelan
v.
A.O.
20100219.
North Dakota Supreme Court.
Feb 8, 2011.
Cited by 9 opinions  |  Published

Filed 2/8/11 by Clerk of Supreme Court

IN THE SUPREME COURT

STATE OF NORTH DAKOTA

2011 ND 15

Randy Raymond Binstock, Plaintiff and Appellant

v.

North Dakota Department of Transportation, Defendant and Appellee

No. 20100287

Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable David E. Reich, Judge.

AFFIRMED.

Per Curiam.

Danny L. Herbel, The Regency Business Center, 3333 E. Broadway Ave., Ste. 1205, Bismarck, ND 58501, for plaintiff and appellant.

Douglas B. Anderson, Assistant Attorney General, Office of Attorney General, 500 N. 9th St., Bismarck, ND 58501-4509, for defendant and appellee.

Binstock v. N.D. Dep’t of Transportation

No. 20100287

Per Curiam.

[¶1] Randy Raymond Binstock appealed the district court’s judgment affirming the Department of Transportation’s revocation of his driver’s license.  Binstock argues he was not informed that he was being arrested for driving under the influence.  Consequently, he argues the deputy sheriff’s request for a blood test was ineffective and therefore his refusal to submit to a blood test is not a “refusal” for purposes of revoking his license under N.D.C.C. ch. 19-20.  We affirm the district court’s judgment under N.D.R.App.P. 35.1(a)(5).

[¶2] Gerald W. VandeWalle, C.J.

Carol Ronning Kapsner

Mary Muehlen Maring

Daniel J. Crothers

Dale V. Sandstrom