Cited by
Opinions in Minnesota that cite In re Poole, 921 N.W.2d 62.
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In the Matter of the Civil Commitment of: Thomas Hurl Bolter.
Minn. Ct. App. 2026
Commitment of Poole, rev. denied (Minn. Jan.
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In the Matter of the Civil Commitment of: Hollis Larson.
Minn. Ct. App. 2026
Commitment of Poole, rev. denied (Minn. Jan.
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In the Matter of the Civil Commitment of: Luis Antonio Serna.
Minn. Ct. App. 2026
Commitment of Poole, -69 (Minn. App. 2018) (affirming denial of discharge from MSOP when committed person failed to establish that he no longer needed treatment for his “paraphilic disorder” and, as such, remained a danger to the public), rev. denied (Minn. Jan.
- In the Matter of the Civil Commitment of: Terry Lee Branson Minn. Ct. App. 2026
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In the Matter of the Civil Commitment of: Terry Lee Branson
Minn. Ct. App. 2026
Commitment of Poole, -69 (Minn. App. 2018), rev. denied (Minn. Jan.
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In the Matter of the Civil Commitment of: Brad Stevens.
Minn. Ct. App. 2025
Commitment of Poole, rev. denied (Minn. Jan.
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In the Matter of the Civil Commitment of: Samuel Omwando Nyaboga.
Minn. Ct. App. 2025
Commitment of Poole, 6 –64, 68–69 (Minn. App. 2018) (reviewing a petition for discharge from a person committed as a sexually dangerous person (SDP) and as a sexual psychopathic personality (SPP)), rev. denied (Minn. Jan.
- In the Matter of the Civil Commitment of: Rodger Dean Robb II Minn. Ct. App. 2024
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In the Matter of the Civil Commitment of: Rodger Dean Robb II
Minn. Ct. App. 2024
Commitment of Poole, rev. denied (Minn. Jan.
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In the Matter of the Civil Commitment of: Allyn Lee Schlumpberger.
Minn. Ct. App. 2024
Commitment of Poole, -69 (Minn. App. 2018), rev. denied (Minn. Jan.
- In the Matter of the Civil Commitment of: Kenneth Steven Daywitt Minn. Ct. App. 2024
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In the Matter of the Civil Commitment of: Kenneth Steven Daywitt
Minn. Ct. App. 2024
Commitment of Poole, rev. denied (Minn. Jan.
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In the Matter of the Civil Commitment of: Peter Allan.
Minn. Ct. App. 2024
Commitment of Poole, -69 (Minn. App. 2018), rev. denied (Minn. Jan.
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In the Matter of the Civil Commitment of: James Allen Martin.
Minn. Ct. App. 2022
Commitment of Poole , rev. denied (Minn. Jan.
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In the Matter of the Children of: S. L. L. and M. J. T., Parents.
Minn. Ct. App. 2022
Commitment of Poole, (stating that a party’s own uncorroborated assertions are insufficient to meet that party’s burden of production), rev. denied (Minn. Jan.
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In the Matter of the Civil Commitment of: Brian Lee Wilbur.
Minn. Ct. App. 2022
Commitment of Poole, -69 (Minn. App. 2018), rev. denied (Minn. Jan.
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In the Matter of the Welfare of the Children of: C. E. N. and B. C. K., Parents.
Minn. Ct. App. 2021
Commitment of Poole , -69 (Minn. App. 2018) (citing several cases supporting th e idea that “[g]enerally, courts have ruled that mere conclusory assertions are insufficient to avoid an adverse ruling”) , rev. denied (Minn. Jan.
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
Third, “courts have ruled that mere conclusory assertions are insufficient to avoid an adverse ruling.” In re Civil Commitment of Poole , (citing cases in a variety of contex ts and applying this principle to reduction -in- custody civil-commitment cases).
- In the Matter of the Civil Commitment of: Edward Eugene Dooley. Minn. Ct. App. 2021
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In the Matter of the Civil Commitment of: Brad Ronald Stevens.
Minn. Ct. App. 2021
review denied (Minn. Jan.
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In the Matter of the Civil Commitment of: Jesse Nikolas Rowland.
Minn. Ct. App. 2021
review denied (Minn. Jan.
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In the Matter of the Civil Commitment of: Charles Randal Ashman.
Minn. Ct. App. 2021
See, review denied (Minn. Jan.
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In the Matter of the Civil Commitment of: Richard Russell Fageroos.
Minn. Ct. App. 2021
Generally, appellate courts reject challe nges to the constitutionality of statutes, including commitment statutes, “unless the challenging party demonstrates that [a statute] is unconstitutional beyond a reasonable doubt.” -70 (Minn. App. 2018) (quotation omitted).
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In the Matter of the Civil Commitment of: Reginald Eddie McKinley.
Minn. Ct. App. 2020
In re Civil Commitment of Poole , -69 (M inn.
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In the Matter of the Civil Commitment of: Peter Gerard Lonergan
Minn. Ct. App. 2020
not shown signs that he has a mental illness or is dangerous while at MSOP, that he does not have deviant fantasies, that he has never been sexually attracted to children, and that he “never ha d pedophilic disorder.” “[C]onclusory assertions by a committed person,” standing alone, are insufficient “to avoid dismissal of a petition for discharge from MSOP.” review denied (Minn. Jan.
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In the Matter of the Civil Commitment of: Steven Merrill Hogy.
Minn. Ct. App. 2019
review denied (Minn. Jan.
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In the Matter of the Civil Commitment of: Eugene Christopher Banks.
Minn. Ct. App. 2019
-69 (Minn. App. 2018) (noting that if courts ac cepted personal assertions the threshold for obtaining second-phase hearings would re st on “committed persons uttering magic words”), review denied (Minn. Jan.
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In the Matter of the Civil Commitment of: Michael Dale Benson.
Minn. Ct. App. 2019
Also, this court has rejected the idea that, “by themselves, conclusory assertions by a committed person are sufficien t to avoid dismissal of a pe tition for discharge from MSOP.” review denied (Minn. Jan.
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In the Matter of the Civil Commitment of: Ronald Erwin Schmidt.
Minn. Ct. App. 2019
See In re Civil Commitment of Poole , (applying harmless error analysis to CAP’s decision to co nsider certain evidence), review denied (Minn. Jan.
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In the Matter of the Civil Commitment of: Jeremiah Jerome Johnson.
Minn. Ct. App. 2019
See Minnesota Civil Commitment and Treatment of Sex Offenders, Minn. Stat. §§ 253D.01-.36 (2018); In re Civil Commitment of Poole , , 65 (Minn. App. 2018), review denied (Minn. Jan.
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A18-1851
Minn. Ct. App. 2019
hase I hearing the “better practice” is to “wait until the second -phase hearing before receiving the exhibits, testimony, and other evidence offered by the Commissioner” because “the submission of competing facts by an adverse party makes the application of the ‘viewed in a light most favorable to the committed person’ standard more difficult to apply”); see also In re Commitment of Poole , (holding that the “testimony and reports of a witness called by the panel are not evidence produced by th
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In the Matter of the Civil Commitment of: Charles Richard Stone.
Minn. Ct. App. 2019
In re Civil Commitment of Poole , n.3 (Minn. App. 2018), review denied (Minn. Jan.
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In the Matter of the Civil Commitment of: Rodger Dean Robb, II.
Minn. Ct. App. 2019
–69 (Minn. App. 2018), review denied (Minn. Jan.