Matter of O.H.W.

FILED
IN THE OFFICE OF THE
CLERK OF SUPREME COURT
JULY 8, 2021
STATE OF NORTH DAKOTA
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2021 ND 129In the Matter of O.H.W.
State of North Dakota, Petitioner and Appellee
v.
O.H.W., Respondent and Appellant
No. 20210006
Appeal from the District Court of Cass County, East Central Judicial District,
the Honorable Stephannie N. Stiel, Judge.
AFFIRMED.
Per Curiam.
Renata J. Olafson Selzer, 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. 20210006
Per Curiam.
[¶1] O.H.W. appeals from the district court’s 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
is not supported by clear and convincing 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.
Gerald W. VandeWalle
Daniel J. Crothers
Jerod E. Tufte
Lee A. Christofferson, S.J.
[¶3] The Honorable Lee A. Christofferson, S.J., sitting in place of McEvers,
J., disqualified.
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