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STATE OF MINNESOTA IN COURT OF APPEALS A10-1350 Wallace Beaulieu, petitioner, Appellant, vs. Minnesota Department of Human Services, et al., Respondents. Filed April 26, 2011 Affirmed Johnson, Chief Judge Dissenting, Klaphake, Judge Carlton County District Court File No. 09-CV-09-3231

Daniel E. Gustafson, David A. Goodwin, Gustafson Gluek PLLC, Minneapolis, Minnesota (for appellant) Lori Swanson, Attorney General, Angela Helseth Kiese, Assistant Attorney General, St. Paul, Minnesota (for respondents)

Considered and decided by Klaphake, Presiding Judge; Johnson, Chief Judge; and Larkin, Judge. SYLLABUS 1. A person who is civilly committed may not petition for a writ of habeas

corpus on the ground that he was denied a statutory right to counsel in a civilcommitment proceeding.

2.

The Due Process Clause of the Fourteenth Amendment to the United States

Constitution does not confer a right to counsel on a person who is the subject of a civilcommitment proceeding. OPINION JOHNSON, Chief Judge In 2006, Wallace James Beaulieu was civilly committed for an indeterminate period of time as a sexually dangerous person and a sexual psychopathic personality. His appointed counsel failed to file a timely notice of appeal from the district court's commitment order. In 2009, Beaulieu petitioned for a writ of habeas corpus, alleging that his appointed attorney provided ineffective assistance by failing to appeal from the commitment order in a timely manner. The district court denied the petition. We

conclude that Beaulieu did not state a claim for relief in his habeas petition because the right to counsel in a civil-commitment proceeding is a statutory right, not a constitutional right. Therefore, we affirm. FACTS Beaulieu is civilly committed to the Minnesota Sex Offender Program. His civil commitment is based on four incidents of sexual misconduct that were either proved or alleged. First, in July 1990, the state charged Beaulieu in Beltrami County with two counts of attempted first-degree murder, two counts of first-degree criminal sexual conduct, two counts of kidnapping, and theft of a motor vehicle, based on an incident involving an adult female cousin. He entered an Alford plea of guilty to third-degree criminal sexual conduct, third-degree assault, and kidnapping. The district court placed 2

him on probation. Second, in May 1992, the state charged Beaulieu in St. Louis County with one count of first-degree criminal sexual conduct, two counts of third-degree criminal sexual conduct, and one count of obstructing legal process with force, based on an incident involving a 13-year-old girl. Beaulieu entered an Alford plea of guilty to one count of third-degree criminal sexual conduct, and the remaining charges were dismissed. The district court sentenced him to 66 months of imprisonment. Third, in August 1999, the state of Wisconsin charged Beaulieu with felony-level sexual intercourse without consent by use of force, based on an incident involving an adult female. A jury found him not guilty. Fourth, in September 2002, the state charged Beaulieu in Beltrami County with third-degree criminal sexual conduct based on an incident involving an adult female. A jury found him not guilty. In October 2004, Beltrami County petitioned to civilly commit Beaulieu as a sexually dangerous person and a sexual psychopathic personality. After a three-day trial, the district court ordered his initial commitment in March 2006. The court conducted a review hearing in June 2006 and committed him for an indeterminate period of time in July 2006. Three court-appointed attorneys represented Beaulieu, sequentially, during civilcommitment proceedings. Beaulieu asked the district court to discharge his first attorney at the beginning of the commitment trial. Over the state's objection, the district court granted Beaulieu's request. Beaulieu later asked the district court to re-appoint the first attorney, and the district court also granted that request. At the conclusion of the

commitment trial, the first attorney moved to withdraw. The district court granted the 3

motion and appointed a second attorney, who represented Beaulieu at the June 2006 review hearing. On August 1, 2006, the district court appointed a third attorney to be Beaulieu's appellate counsel. Beaulieu's appellate counsel failed to file a timely notice of appeal from the order for indeterminate commitment. Because the order was filed on July 3, 2006, Beaulieu's notice of appeal was due September 1, 2006. See Minn. Stat.

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