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IN RE: O.H.W. State of North Dakota, Petitioner and Appellee v. O.H.W., Respondent and Appellant
[¶1] O.H.W. appeals from the district court's order denying his application for discharge from civil commitment as a sexually dangerous individual. He argues the court's finding that he has serious difficulty controlling his behavior is not supported by clear and convincing evidence. Under our modified clearly erroneous standard of review, clear and convincing evidence exists for the court's finding O.H.W. has serious difficulty controlling his behavior. The finding is not clearly erroneous. We summarily affirm under N.D.R.App.P. 35.1(a)(2).
Per Curiam.
[¶2] Jon J. Jensen, C.J. Gerald W. VandeWalle Daniel J. Crothers Jerod E. Tufte Lee A. Christofferson, S.J.[¶3] The Honorable Lee A. Christofferson, S.J., sitting in place of McEvers, J., disqualified.
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Docket No: No. 20210006
Decided: July 08, 2021
Court: Supreme Court of North Dakota.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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