Matter of O.H.W.
This text of 2019 ND 277 (Matter of O.H.W.) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Filed 11/20/19 by Clerk of Supreme Court
IN THE SUPREME COURT STATE OF NORTH DAKOTA
2019 ND 277
In the Matter of O.H.W.
State of North Dakota, Petitioner and Appellee v. O.H.W., Respondent and Appellant
No. 20190137
Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Stephannie N. Stiel, Judge.
AFFIRMED.
Per Curiam.
Leah Viste (appeared), and Emily J. Christensen (argued), third-year law student, under the Rule on Limited Practice of Law by Law Students, Fargo, N.D., for petitioner and appellee.
Tyler Morrow, Grand Forks, N.D., argued for respondent and appellant. Matter of O.H.W. No. 20190137
[¶1] O.H.W. appeals the district court’s order denying his petition for discharge from commitment as a sexually dangerous individual. He argues the State failed to prove by clear and convincing evidence that he has serious difficulty controlling his behavior. Under our modified clearly erroneous standard of review, we conclude the evidence supports the court’s finding the State proved by clear and convincing evidence 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).
[¶2] Gerald W. VandeWalle, C.J. Jon J. Jensen Daniel J. Crothers Jerod E. Tufte William A. Neumann, S.J.
[¶3] The Honorable William A. Neumann, Surrogate Judge, sitting in place of McEvers, J., disqualified.
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