Coker v. Ludeman

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 of the evidence rather than requiring him to simply go forward with evidence. He further argues that he met his burden of going forward…