Matter of O.H.W. ( 2023 )

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 52In 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.
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