Cited by

“The proceeding in which a committed person produces evidence is commonly referred to as a ‘first-phase hearing.’”

5 At a phase-one hearing on a petition for discharge, the petitioner bears the burden of production to make a prima facie case by producing “sufficient, competent evidence that, if proven, would entitle the petitioner to relief.” -86 (Minn. 2013) (quotation omitted).

-91 (Minn. 2013) (addressing motions to dismiss in the context of petitions for discharge).

-86 (Minn. 2013) (quotation omitted).

(); d 502, 507 (Minn. 2022) (noting that a party “ma[kes] a prima facie case by alleging facts that, if true, would provide sufficient grounds for [the relief sought]”).

2(d) (2022); -86 (Minn. 2013).

d 483, 491 (Minn. 2013); Minn. R. Civ.

To make a prima facie case, the petitioner must produce “sufficient, competent evidence that, if proven, would entitle the petitioner to relief.” -86 (Minn. 2013) (quotation omitted).

The jury is “the sole judge of credibility” and “ ‘is free to accept part and reject part’ of the testimony of a particular witness.” Hassan, d at 640 ().

The jury is “the sole judge of credibility” and “ ‘is free to accept part and reject part’ of the testimony of a particular witness.” Hassan, d at 640 ().

(stating that “a trier of fact is free to accept part and reject part of a witness’s testimony”).

If the commissioner wishes to challenge a committed person’s entitlement to relief after he rests his case at the appeal panel hearing, the commissioner may move to dismiss the petition pursuant to rule 41.02(b) of the rules of civil procedure.4 -91 (Minn. 2013 ) (addressing motions to dismiss in the context of petitions for discharge) .

See Coker v. Jesson , -86 (Minn. 2013).

Coker v. Jesson , -91 (Minn. 2013); Foster, 857 N.W.

D E C I S I O N In an appeal before the CAP, the Minn esota Supreme Court has made it clear that “the committed person bears the burden of going forward with the evidence, which means presenting a prima facie case with competent ev idence to show that the person is entitled to the requested relief.” Coker v. Jesson , 5-86 (Minn. 2013) (quotations, citations, and footnote omitted)

“The proceeding in which a committed person produces evidence is commonly referred to as a ‘first-phase hearing.’” Coker v. Jesson

P. 41.02(b); -91 (Minn. 2013) (holding that other provisions of rule 41.02(b) do not apply to discharge proceedings due to conflict with section 253B.19, subdivision 2(d)).

“The proceeding in which a committed person produces evidence is commonly referred to as a ‘first-phase hearing.’” Coker v. Jesson

-86 (Minn. 2013) (footnote, citations, and quotations omitted); see Minn. Stat. § 253D.28, subd.

Pursuant to section 253D.28, subdivision 2(d), a committed person seeking discharge bears the burden of “presenting a prima facie case with competent evidence to show that the person is entitled to the requested relief.” “The proceeding in which a committed person produces evidence is commonly referred to as a first -phase hearing.” (quotation omitted).

may move for a dismissal on the ground that upon the facts and the law, the plaintiff has shown no right to relief.”); , 489-91 (Minn. 2013) (explaining applic ation of Minn. R. Civ.

2(d) (2018); see Coker v. Jesson , –86 (Minn. 2013) (describing this burden as a 6 “burden of production,” that requires “the committed person to come forward with sufficient, competent evidence that, if proven, would entitle the petitioner to relief” (quotation omitted)).

See Coker v. Jesson , -91 (Minn. 2013).

2(d) (2018); -86 (Minn. 2013); -51 (Minn. App. 2017), review denied (Minn. June 20, 2017).

2(d); -86 (Minn. 2013) ; -51 (Minn. App. 2017), review denied (Minn. June 20, 2017).

*66 Coker v. Jesson , , 485-86 (Minn. 2013) (quotations, citations, and footnote omitted); see Minn. Stat. § 253D.28, subd.

Coker v. Jesson , 89-91 (Minn. 2013).

Foster, d at 548 (-90 (Minn. 2013), and explaining that a judicial appeal panel sits as the trier of fact , weighs evidence, and makes credibility determinations on a transfer petition).

2(d) (2016); -86 (Minn. 2013); -51 (Minn. App. 2017), review denied (Minn. June 20, 2017).

2(d) (2016);2 see also Coker v. Jesson , 5-86 (Minn. 2013) 2In 2013, t he legislature recodified the statutes governing full discharge and provisional discharge .

P. 41.02(b); -91 (Minn. 2013) (holding that other provisions of rule 41.02(b) do not apply to proceedings before judicial appeal panel because of conflict with Minn. Stat. § 253B.19, subdivision 2(d)).

-91 (Minn. 2013).1 “Instead, the Appeal Panel is required to view the evidence produced [by petitioner] in a light most favorable to the committed person.” Id.

P. 41.02(b); -91 (Minn. 2013) (holding that other provisions of rule 41.02(b) do not apply to proceedings before judicial appeal panel because of conflict with section 253B.19, subdivision 2(d)).