first phase hearing (Minnesota) · Go Syfert
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first phase hearing in Minnesota

8 Minnesota opinions name it 2 courts 2013–2018 0 in the last five years

The cases below were cited by Minnesota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Larson v. Jessongreen
minnctapp · 2014 · cited in 2 Minnesota opinions naming this issue, 2015–2018
2 sentences

2018Appellate courts "review the judicial appeal panel's dismissal of the petition for discharge de novo." Foster v. Jesson , 857 N.W.2d 545 , 549 (Minn. App. 2014) (citation omitted); see Larson v. Jesson , 847 N.W.2d 531 , 534 (Minn. App. 2014) (same).

2015This burden is the burden of production, which is satisfied with “‘sufficient, competent evidence that, if proven, would entitle the petitioner to relief.’” Larson v. Jesson, 847 N.W.2d 531, 535 (Minn. App. 2014) (quoting Coker, 831 N.W.2d 4 at 486 ).

22
Coker v. Jessongreen
minn · 2013 · cited in 7 Minnesota opinions naming this issue, 2014–2018
2 sentences

2018When a panel assesses whether the committed person made a prima facie case, the panel "may not weigh the evidence or make credibility determinations," *67 and must "view the evidence produced at the first-phase hearing in a light most favorable to the committed person." Coker , 831 N.W.2d at 490 -91 .

2016When deciding 4 whether the petitioner has satisfied the burden of production, the panel must “view the evidence produced at the first-phase hearing in a light most favorable to the committed person.” Coker, 831 N.W.2d at 491 .

17
Matter of Gonzalezgreen
minnctapp · 1990 · cited in 1 Minnesota opinions naming this issue, 2018–2018
1 sentence

2018See In re Gonzalez , 456 N.W.2d 724 , 728 (Minn. App. 1990) (noting, in an appeal from a commitment as mentally ill, that "the error [by the district court], if any, was harmless"); In re Picataci , 367 N.W.2d 609 , 613 (Minn. App. 1985) (making a similar statement).

11
In Re Blodgettgreen
minn · 1994 · cited in 1 Minnesota opinions naming this issue, 2013–2013
1 sentence

2013See Minn.Stat. § 253B.19, subd. 2(d); In re Blodgett 510 N.W.2d 910, 917 (Minn.1994) (noting that in “a proceeding where a committed person is seeking a discharge from commitment ... the burden of proof should be on the state to show by clear and convincing evidence that commitment should continue”).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Minnesota. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
In Re the Alleged Mental Illness of Picataci neutral
minnctapp · 1985
1 sentence

2018See In re Gonzalez , 456 N.W.2d 724 , 728 (Minn. App. 1990) (noting, in an appeal from a commitment as mentally ill, that "the error [by the district court], if any, was harmless"); In re Picataci , 367 N.W.2d 609 , 613 (Minn. App. 1985) (making a similar statement).

12018–2018
Bradley Wayne Foster v. Lucinda Jesson, Commissioner of Human Services green
minnctapp · 2014
1 sentence

2018Appellate courts "review the judicial appeal panel's dismissal of the petition for discharge de novo." Foster v. Jesson , 857 N.W.2d 545 , 549 (Minn. App. 2014) (citation omitted); see Larson v. Jesson , 847 N.W.2d 531 , 534 (Minn. App. 2014) (same).

12018–2018

Statutes the citing opinions construe

MN § Minn. Stat. § 253D.28 (7) MN § Minn. Stat. § 253D.31 (5) MN § Minn. Stat. § 480A.08 (5) MN § Minn. Stat. § 253B.19 (4) MN § Minn. Stat. § 253D.27 (4) MN § Minn. Stat. § 253D.30 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

WA 8 (1941–1970) MN 8 (2013–2018) IL 4 (1983–2010) NJ 3 (1982–2001) VT 2 (2005–2016) WI 2 (1984–1997) MI 2 (1996–2015)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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