Opinion
No. 20190118
10-29-2019
In the INTEREST OF D.V.A. Julie Lawyer, State's Attorney, Petitioner and Appellee v. D.V.A., Respondent and Appellant
Marina Spahr (on brief), Assistant State’s Attorney, Bismarck, ND, for petitioner and appellee. Kent M. Morrow (on brief), Bismarck, ND, for respondent and appellant.
Marina Spahr (on brief), Assistant State’s Attorney, Bismarck, ND, for petitioner and appellee.
Kent M. Morrow (on brief), Bismarck, ND, for respondent and appellant.
Per Curiam.
[¶1] D.V.A. appealed from a district court order denying his petition for discharge from civil commitment as a sexually dangerous individual. D.V.A. argues there was not clear and convincing evidence that he continues to be a sexually dangerous individual under N.D.C.C. § 25-03.3-01(8) or that he has "serious difficulty controlling behavior." See Kansas v. Crane , 534 U.S. 407, 412-13, 122 S.Ct. 867, 151 L.Ed.2d 856 (2002). We conclude the district court’s findings of fact and order are supported by clear and convincing evidence, and we summarily affirm under N.D.R.App.P. 35.1(a)(2).
[¶2] Gerald W. VandeWalle, C.J.
Jon J. Jensen
Jerod E. Tufte
Daniel J. Crothers
Lisa Fair McEvers