Matter of O.H.W.
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
Per Curiam.
[¶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.
Free access — add to your briefcase to read the full text and ask questions with AI
2023 ND 52 (Matter of O.H.W.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.