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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 a district court 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 was based on insufficient 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. Daniel J. Crothers Jerod E. Tufte Gail Hagerty, S.J. William A. Neumann, S.J.[¶3] The Honorable Gail Hagerty, S.J., sitting in place of Bahr, J., disqualified. [¶4] The Honorable William A. Neumann, S.J., sitting in place of McEvers, J., disqualified.
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Docket No: No. 20220263
Decided: March 31, 2023
Court: Supreme Court of North Dakota.
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Get help with your legal needs
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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