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Thibodeaux v. Evans

Court of Appeals of Minnesota

April 1, 2019

Michael Anthony Thibodeaux, Appellant,
v.
Drew Evans, Respondent.

          Ramsey County District Court File No. 62-CV-17-3564

          Bradford Colbert, Elizabeth Slama (certified student attorney), St. Paul, Minnesota (for appellant)

          Keith Ellison, Attorney General, Angela Helseth Kiese, Assistant Attorney General, St. Paul, Minnesota (for respondent)

          Considered and decided by Halbrooks, Presiding Judge; Larkin, Judge; and Smith, Tracy M., Judge.

         SYLLABUS

         When an individual is charged with an offense requiring registration as a predatory offender under Minn. Stat. § 243.166, subd. 1b (2018), and is later adjudicated delinquent of a different offense filed in a separate petition but arising out of the same set of circumstances, the individual is required to register if the initial charged offense requiring registration was supported by probable cause.

          OPINION

          HALBROOKS, JUDGE

         Appellant challenges the district court's grant of summary judgment to respondent, arguing that the district court erred in determining that he could be required to register as a predatory offender, that his due-process rights were not violated, and that equitable estoppel does not apply. We affirm.

         FACTS

         On March 4, 1997, appellant Michael Anthony Thibodeaux was charged as a juvenile with fourth-degree criminal sexual conduct. Following a detention hearing, the district court found probable cause for the charge. On March 20, the state charged Thibodeaux with fifth-degree criminal sexual conduct. The charge was based on the same incident and contained an identical probable-cause statement but was filed in a new petition. As part of a plea agreement, Thibodeaux admitted the charge of fifth-degree criminal sexual conduct and the district court dismissed the petition with the fourth-degree charge. The district court did not order Thibodeaux to register as a predatory offender. In December 1997, Thibodeaux was certified as an adult and convicted of fourth-degree assault. Following that conviction, the district court ordered that Thibodeaux was required to register as a predatory offender based on the fifth-degree criminal-sexual-conduct adjudication.

         On April 24, 2017, Thibodeaux filed this lawsuit against respondent Drew Evans in Evans's official capacity as Superintendent of the Minnesota Bureau of Criminal Apprehension (BCA). Thibodeaux alleged that, by requiring him to register as a predatory offender, Evans violated his due-process rights and that Evans was estopped from requiring him to register based on his 1997 plea agreement. Both parties moved for summary judgment, and the district court granted summary judgment to Evans. This appeal follows.

         ISSUES

         I. Did the district court err in determining that Thibodeaux was required to register as a predatory offender because he was charged with a predatory offense?

         II. Did the district court err in determining that Thibodeaux's substantive ...


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