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RYDBERG v. GOODNO

No. A04-1087.

689 N.W.2d 310 (2004)

John H. RYDBERG, Respondent, v. Kevin GOODNO, Commissioner of Human Services, Appellant.

Court of Appeals of Minnesota.

December 7, 2004.

Attorney(s) appearing for the Case

Lisbeth J. Nudell, Minneapolis, MN, for respondent John H. Rydberg.

Mark Lindahl, Assistant Blue Earth County Attorney, Mankato, MN, for respondent Blue Earth County.

Mike Hatch, Attorney General, Michael E. Burns, Assistant Attorney General, St. Paul, MN, for appellant commissioner.

Considered and decided by TOUSSAINT, Chief Judge; PETERSON, Judge; and KLAPHAKE, Judge.

OPINION

TOUSSAINT, Chief Judge.

This is an appeal by the Commissioner of Human Services from a judicial appeal panel decision, which granted pass-eligible status to respondent John H. Rydberg, who is subject to an indeterminate commitment as a psychopathic personality. The commissioner contends that the judicial appeal panel erred as a matter of law (1) in requiring the commissioner to show by clear and convincing evidence that Rydberg should not be granted...

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