Beaulieu v. Minn. Dep't of Human Servs.

825 N.W.2d 716

Wallace BEAULIEU, Appellant,

v.MINNESOTA DEPARTMENT OF HUMAN SERVICES, et al., Respondents.

No. A10–1350.

Supreme Court of Minnesota.

Jan. 30, 2013.

Syllabus by the Court

1. The state district court had subject matter jurisdiction to civilly commit an enrolled member of the Leech Lake Band of Ojibwe.

2. Collateral estoppel and res judicata did not preclude the State from presenting at the civil commitment trial evidence of conduct alleged in earlier criminal cases that ended in acquittals.

3. Appellant's claim of a right under the Minnesota Constitution to a jury trial in his indeterminate civil commitment proceedings was waived, as he failed to raise it in the district court.

Daniel E. Gustafson, David Goodwin, Joseph Bourne, Gustafson Gluek PLLC, Minneapolis, Minnesota, for appellant.

Lori Swanson, Attorney General, Angela Helseth Kiese, Assistant Attorney General, Saint Paul, Minnesota, for respondent.

Teresa Nelson, Saint Paul, Minnesota, for amicus curiae American Civil Liberties Union of Minnesota.

OPINION

ANDERSON, G. BARRY, Justice.

Wallace Beaulieu, an enrolled member of the Leech Lake Band of Ojibwe, was civilly committed to the Minnesota Sex Offender Program (“MSOP”) in 2006 as a Sexual Psychopathic Personality (“SPP”) and a Sexually Dangerous Person (“SDP”). Beaulieu is currently confined to the MSOP secure treatment facility in Moose Lake, Minnesota, operated by the Minnesota Department of Human Services. On appeal to this court, Beaulieu challenges his indeterminate civil commitment asserting three substantive claims. First, Beaulieu argues the district court lacked subject matter jurisdiction to civilly commit an enrolled member of the Leech Lake Band of Ojibwe. Second, Beaulieu argues the doctrines of collateral estoppel and res judicata precluded the State from presenting in the civil commitment proceeding evidence of conduct alleged in earlier criminal cases that ended in acquittals.¹ Third, he argues the State violated the Minnesota Constitution when it indeterminately committed him without a trial by jury. Because we conclude that Beaulieu's substantive challenges to his indeterminate civil commitment fail on the merits or were waived, we affirm the district court's denial of Beaulieu's petition for a writ of habeas corpus.

Civil commitment proceedings

In October 2004, Beltrami County filed a petition in the Beltrami County District Court to commit Beaulieu, pursuant to Minn.Stat. §§ 253B.18 and 253B.185 (2012), as an SPP under Minn.Stat. § 253B.02, subd. 18b (2012), and an SDP under Minn.Stat. § 253B.02, subd. 18c (2012).² Prior to the civil commitment trial, Beaulieu moved to dismiss the commitment petition, arguing that the state district court lacked subject-matter jurisdiction over Beaulieu as a member of the Leech Lake Band of Ojibwe. The court denied Beaulieu's motion.

At the civil commitment bench trial, the State presented evidence regarding Beaulieu's extensive history of criminal conduct, anti-social behavior, and resistance to treatment. The State also presented evidence that in 1990, 1992, 1999, and 2002, Beaulieu engaged in serious sexual misconduct. Based on the evidence presented, the district court found that the State had proven by clear and convincing evidence that Beaulieu had sexually assaulted four different victims between 1990 and 2002. The facts of each incident and the court's findings are discussed in more detail below.

In 1990, the State filed criminal charges against Beaulieu alleging that he beat and repeatedly sexually assaulted his adult female cousin, M.L.H. Beaulieu pleaded guilty, entering Alford pleas to third-degree criminal sexual conduct, third-degree assault, and kidnapping. Later, during examinations for the commitment trial, Beaulieu admitted that he beat, sexually assaulted, and threatened to kill M.L.H. The district court found the State proved by clear and convincing evidence that Beaulieu sexually assaulted M.L.H.

In 1992, while Beaulieu was still on probation for the 1990 incident, the State filed criminal charges against Beaulieu alleging that he sexually assaulted a 13–year–old girl, T.L.K. Beaulieu again pleaded guilty, entering an Alford plea to third-degree criminal sexual conduct. During examinations for the commitment trial, Beaulieu admitted he sexually assaulted T.L.K. Based on the evidence presented at the civil commitment trial, the district court found the State proved by clear and convincing evidence that Beaulieu sexually assaulted T.L.K.

In 1999, the State filed criminal charges against Beaulieu alleging that he sexually assaulted a 26–year–old female, T.H. Beaulieu pleaded not guilty and demanded a jury trial. Concluding that the State had not proven beyond a reasonable doubt that Beaulieu sexually assaulted T.H., the jury found Beaulieu not guilty in the criminal case. At the civil commitment trial, T.H. renewed her testimony that Beaulieu sexually assaulted her. The district court found the State proved by clear and convincing evidence that Beaulieu sexually assaulted T.H.

In 2002, the State filed criminal charges against Beaulieu alleging that he sexually assaulted an adult female, B.L.S. Beaulieu pleaded not guilty and demanded a jury trial. Concluding that the State had not proven beyond a reasonable doubt that Beaulieu sexually assaulted B.L.S., the jury found Beaulieu not guilty in the criminal case. At the civil commitment trial, B.L.S. renewed her testimony that Beaulieu sexually assaulted her. Based on the evidence presented at the civil commitment trial, the district court found the State proved by clear and convincing evidence that Beaulieu sexually assaulted B.L.S.

At the conclusion of the civil commitment trial, the district court provided the parties an opportunity to submit proposed findings. On March 8, 2006, after the civil commitment trial but before the court's ruling on the commitment petition, Beaulieu filed a pro se supplemental brief in the district court alleging a number of claims, including a claim that the evidence of the B.L.S. assault was improperly admitted because he had been “Acquitted outright after a Criminal Jury Trial.” Without expressly addressing Beaulieu's pro se claims, the court ordered Beaulieu initially committed to the MSOP, determining that Beaulieu satisfied the requirements for commitment as an SPP under Minn.Stat. § 253B.02, subd. 18b, and as an SDP under Minn.Stat. § 253B.02, subd. 18c. The court's order described in detail the court's findings regarding Beaulieu's history of harmful sexual conduct.

In June 2006, the district court held a review hearing of Beaulieu's initial commitment as required by Minn.Stat. § 253B.18, subd. 2. After considering the MSOP's treatment report, the court ordered on July 3, 2006, that Beaulieu be indeterminately committed as an SPP and SDP.

Untimely appeal from the judgment of indeterminate commitment

The district court appointed appellate counsel to represent Beaulieu. On September 8, 2006, appellate counsel filed a notice of appeal from the July 3 order indeterminately committing Beaulieu as an SPP and SDP. The notice of appeal listed three issues: (1) whether Indian sovereignty principles barred Beaulieu's commitment, (2) whether the State violated Beaulieu's constitutional rights when it indeterminately committed him without a trial by jury, and (3) whether res judicata and collateral estoppel barred the State's use of prior charges in the civil commitment proceedings when Beaulieu had been found not guilty of those charges by a jury. The court of appeals dismissed Beaulieu's appeal as untimely, and we denied review.³In re Beaulieu, A06–1702, Order (Minn.App. filed Oct. 3, 2006), rev. denied (Minn. Nov. 22, 2006).

Federal and state habeas proceedings

Beaulieu filed a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254 (2006), with the federal district court on December 5, 2006. ⁴ The federal district court denied the petition.⁵ On appeal, the Eighth Circuit affirmed.⁶Beaulieu v. Minnesota, 583 F.3d 570 (8th Cir.2009).

On December 18, 2009, Beaulieu filed a petition for a writ of habeas corpus under Minn.Stat. ch. 589 (2012), in Carlton County District Court, asserting a claim of ineffective assistance of appellate counsel.⁷ The court summarily dismissed Beaulieu's petition in June 2010, and the court of appeals affirmed.⁸Beaulieu v. Minn. Dep't of Human Servs., 798 N.W.2d 542 (Minn.App.2011). We granted Beaulieu's petition for further review, and later requested supplemental briefing from the parties on the following issues: Whether Indian sovereignty principles barred Beaulieu'scivil commitment; whether Beaulieu waived appellate review of the claims relating to res judicata, collateral estoppel, and the right to a jury trial; and whether, in the absence of waiver, Beaulieu was entitled to relief on those claims. ⁹

In his supplemental brief, Beaulieu claims his indeterminate civil commitment was invalid for three reasons. First, Beaulieu claims the district court did not have jurisdiction to civilly commit him because Beaulieu is an enrolled member of an Indian tribe. Second, Beaulieu claims his constitutional rights were violated when he was indeterminately civilly committed without a jury trial. Finally, Beaulieu claims the court violated principles of res judicata and collateral estoppel when it allowed the State to use evidence of prior criminal charges in Beaulieu's subsequent civil commitment proceeding when Beaulieu had been found not guilty of those charges by a jury. With regard to the waiver issues, Beaulieu contends that he raised the claims relating to res judicata, collateral estoppel, and the right to a jury trial in his March 2006 pro se supplemental brief. As discussed below, we conclude that Beaulieu's substantive challenges to his indeterminate civil commitment lack merit or were waived, and therefore affirm the court of appeals' decision upholding the district court's summary...