Opinion
20210006
07-08-2021
In the Matter of O.H.W. v. O.H.W., Respondent and Appellant State of North Dakota, Petitioner and Appellee
Renata J. Olafson Selzer, Assistant State's Attorney, Fargo, ND, for petitioner and appellee. Tyler J. Morrow, Grand Forks, ND, for respondent and appellant.
Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Stephannie N. Stiel, Judge.
Renata J. Olafson Selzer, Assistant State's Attorney, Fargo, ND, for petitioner and appellee.
Tyler J. Morrow, Grand Forks, ND, for respondent and appellant.
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.