Matter of O.H.W.

2023 ND 52

• Court: North Dakota Supreme Court
• Decided: March 31, 2023
• Docket: 20220263
• Status: Published

Opinion

FILED IN THE OFFICE OF THE CLERK OF SUPREME COURT MARCH 31, 2023 STATE OF NORTH DAKOTA

IN THE SUPREME COURT STATE OF NORTH DAKOTA

2023 ND 52

In the Matter of O.H.W.

State of North Dakota, Petitioner and Appellee v. O.H.W., Respondent and Appellant

No. 20220263

Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Stephannie N. Stiel, Judge.

AFFIRMED.

Per Curiam.

Ryan J. Younggren, Assistant State’s Attorney, Fargo, ND, for petitioner and appellee.

Tyler J. Morrow, Grand Forks, ND, for respondent and appellant. Matter of O.H.W. No. 20220263

[¶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).

[¶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.