Interest of Carter
Annotate this CaseWilliam Carter appeals from a district court order denying discharge from commitment as a sexually dangerous individual. Carter was convicted of gross sexual imposition in 2004. In February 2017, Carter filed motions requesting a discharge hearing and appointment of an independent examiner. Dr. Erik Fox, the State’s evaluator, filed a report in May and an addendum to that report in September, with an initial recommendation for post community placement. However, the addendum rescinded that recommendation as a result of new information Dr. Fox received during the summer of 2017. Dr. Stacey Benson, the independent examiner, also filed a report. The discharge hearing was held March 19, 2018. On appeal, Carter argues the State failed to meet its burden to prove that he was likely to engage in sexually predatory conduct and that he has difficulty controlling his behavior. The North Dakota Supreme Court found clear and convincing evidence in the record that the three statutory elements and the "Crane" factor were satisfied. Therefore, the Court affirmed the district court’s order denying discharge.
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