Julie Lawyer, State's Attorney, Petitioner and Appellee v. D.V.A., Respondent and Appellant (2019)

Supreme Court of North Dakota.

In the INTEREST OF D.V.A. Julie Lawyer, State's Attorney, Petitioner and Appellee v. D.V.A., Respondent and Appellant

No. 20190118

Decided: October 29, 2019

Marina Spahr (on brief), Assistant State’s Attorney, Bismarck, ND, for petitioner and appellee. Kent M. Morrow (on brief), Bismarck, ND, for respondent and appellant.

[¶1] D.V.A. appealed from a district court order denying his petition for discharge from civil commitment as a sexually dangerous individual. D.V.A. argues there was not clear and convincing evidence that he continues to be a sexually dangerous individual under N.D.C.C. § 25-03.3-01(8) or that he has “serious difficulty controlling behavior.” See Kansas v. Crane, 534 U.S. 407, 412-13, 122 S.Ct. 867, 151 L.Ed.2d 856 (2002). We conclude the district court’s findings of fact and order are supported by clear and convincing evidence, and we summarily affirm under N.D.R.App.P. 35.1(a)(2).

Per Curiam.

[¶2] Gerald W. VandeWalle, C.J. Jon J. Jensen Jerod E. Tufte Daniel J. Crothers Lisa Fair McEvers