Nesvig v. Hoff’s Empirical Analysis

Citation profile

2 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Under I2.W.&, the district court’s error in failing to exercise its discretion to independently decide whether to remove Hoffs restraints is subjected to the harmless error test. [In re] R.W.S., 2007 ND 37, ¶ 19 , 728 N.W.2d 326 . “Federal constitutional errors do not automatically require reversal if it is shown that they were harmless, but before a federal constitutional error can be held harmless, the court must be able to declare a belief that it was harmless beyond a reasonable doubt.” Id. (citation and quotation omitted). “In declaring this belief, the court must be convinced the error did not contribute to the verdict,” and “the burden is on the beneficiary of a constitutional error to prove the error is harmless beyond a reasonable doubt.” Id. (citation and quotation omitted). In R.W.S., we held the use of restraints was harmless error because there was “overwhelming evidence” of the child’s guilt. Id. at ¶ 1. On this record, it cannot be said that the error was harmless. Hoffs continuing commitment is based upon expert testimony and the experts do not agree. However,, the experts do agree that Hoff has no sexual deviancy. Neither expert diagnoses Hoff with a sexual deviancy under Axis I. Chapter 25-03.3, N.D.C.C., is designed to deal with sexually dangerous predators. Where no sexual deviancy exists, courts should proceed with caution.”

   1 later decision quote this exact passage
   e.g. Matter of Hehn