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In re Ivey

October 26, 2004

IN THE MATTER OF CHRISTOPHER LOYD IVEY


Carlton County District Court File No. P2-03-1548.

Considered and decided by Klaphake , Presiding Judge; Randall , Judge; and Hudson , Judge.

SYLLABUS BY THE COURT

1. A district court located in the county of last residence before incarceration has subject matter jurisdiction over the proposed commitment of a sexual psychopathic personality and sexually dangerous person.

2. The district court has personal jurisdiction over a person appearing before it on a petition for commitment as a sexual psychopathic personality and sexually dangerous person, despite a later-discovered defect in the conditional-release term that provided a basis for the state's supervisory authority over that person.

The opinion of the court was delivered by: Hudson, Judge

Affirmed

OPINION

Appellant challenges his commitment as a sexual psychopathic personality and sexually dangerous person, alleging that the district court lacked subject matter jurisdiction and personal jurisdiction over him.

Because the district court had subject matter jurisdiction over appellant's commitment as the county of appellant's last residence prior to incarceration, and because the district court had personal jurisdiction over appellant based on the Department of Correction's apparent supervisory authority over appellant at the start of the commitment proceedings, we affirm.

FACTS

Appellant Christopher Loyd Ivey pleaded guilty to first-degree burglary, first- and second-degree criminal sexual conduct, and other offenses in 1993, resolving a number of pending charges. Appellant confessed to many acts of window peeping and burglary, and additionally confessed to the 1989 murder and attempted rape of a young woman in Stuttgart, Germany, which occurred when he was 18 years old. He was initially sentenced on the Minnesota charges to 165 months, executed, but he appealed. On remand from this court, the district court sentenced him to two consecutive 52-month sentences, and some shorter, concurrent sentences.

While serving these sentences in Minnesota prisons, appellant was extradited to Germany to be tried on the murder and attempted-rape charges. He was convicted in November 1997 of murder and attempted rape and sentenced to serve eight years and six months in German prison. During this period of time, the Department of Corrections (DOC) first referred appellant for civil commitment; county officials did not pursue a petition because appellant was in Germany and could not be present, as required, for a hearing on the petition. In January 1998, DOC noted that the mandatory conditional-release term had not been included in appellant's sentence. The district court informed DOC that a ten-year conditional-release term should have been included in appellant's sentence and amended appellant's sentencing record to include this conditional-release term.

In May 1998, appellant returned to Minnesota to finish his Minnesota sentence. Appellant completed his prison term in November 1998, was released to the United States Marshal, and returned to Germany on December 7, 1998, to complete his German prison sentence. Appellant was due to be released from German prison and deported in accordance with German law in November 2003. Although his supervised release had expired by this time, he was still under DOC supervision because of the ten-year conditional-release term, which expires in November 2008.

Carlton County, appellant's last place of residence before incarceration, filed a petition for civil commitment of appellant as a sexually dangerous person and a sexual psychopathic personality on November 24, 2003, at the same time that appellant was en route to New York from Germany. An ex parte apprehend-and-hold order was issued pursuant to Minn. Stat. ยง 253B.07, subd. 2b (2002). New York authorities met appellant at the airport and took him into custody. The next day, appellant waived extradition and was escorted to Minnesota by two members of the Fugitive Apprehension Unit. In Minnesota, he was met by two Carlton County assistant sheriffs and escorted to Carlton County, where he was held pursuant to the apprehend-and-hold order and served with a copy of the commitment petition. On November 26, 2003, the district court appointed an interim public ...


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