Miller v. D.H. (In re D.H.)

Full title: In the Interest of D.H. v. D.H., Respondent and Appellant Adam D. Miller…

Court: Supreme Court of North Dakota

Date published: Mar 31, 2023

2023 N.D. 60 (N.D. 2023)

Opinion

20230057

03-31-2023

In the Interest of D.H. v. D.H., Respondent and Appellant Adam D. Miller, PsyD, Petitioner and Appellee

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.

PER CURIAM.

Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Reid A. Brady, Judge.

AFFIRMED.

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.

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