Interest of D.H. , 2023 ND 60 ( 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 60In the Interest of D.H.
Adam D. Miller, PsyD, Petitioner and Appellee
v.
D.H., Respondent and Appellant
No. 20230057
Appeal from the District Court of Cass County, East Central Judicial District,
the Honorable Reid A. Brady, Judge.
AFFIRMED.
Per Curiam.
Derek K. Steiner, Assistant State’s Attorney, Fargo, ND, for petitioner and
appellee; submitted on brief.
Andrew Marquart, Fargo, ND, for respondent and appellant; submitted on
brief.
Interest of D.H.
No. 20230057
Per Curiam.
[¶1] D.H. appeals from the district court’s order continuing treatment. On
appeal, D.H. argues the finding he is mentally ill and a person requiring
treatment is not supported by clear and convincing evidence. In mental health
commitment cases, we apply the more probing clearly erroneous standard of
review. Interest of Doe, 2019 ND 23, ¶ 4, 921 N.W.2d 403. We conclude the
district court’s findings are 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
Lisa Fair McEvers
Jerod E. Tufte
Douglas A. Bahr
1