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COKER v. LUDEMAN

No. A09-1104.

775 N.W.2d 660 (2009)

Christopher R. COKER, Appellant, v. Cal R. LUDEMAN, Commissioner of Human Services, Respondent.

Court of Appeals of Minnesota.

December 8, 2009.

Attorney(s) appearing for the Case

Marilyn B. Knudsen, St. Paul, MN, for appellant.

Lori Swanson, Attorney General, Robin Vue-Benson, Assistant Attorney General, St. Paul, MN, for respondent Commissioner of Human Services.

Michael O. Freeman, Hennepin County Attorney, Theresa F. Couri, Assistant County Attorney, Minneapolis, MN, for respondent Hennepin County.

Considered and decided by HUDSON, Presiding Judge; LANSING, Judge; and SHUMAKER, Judge.

OPINION

HUDSON, Judge.

On appeal from a judicial appeal panel order denying his petition for transfer, discharge, or provisional discharge from civil commitment as a sexually dangerous person, appellant argues that the judicial appeal panel (appeal panel) applied the wrong evidentiary burden under Minn. Stat. § 253B.19, subd. 2(d), by requiring him to show that he met the statutory criteria for transfer, discharge, or provisional discharge by a preponderance...

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