Matter of O.H.W.
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IN THE SUPREME COURT STATE OF NORTH DAKOTA FILED IN THE OFFICE OF THE CLERK OF SUPREME COURT JULY 8, 2021 STATE OF NORTH DAKOTA 2021 ND 129 In 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. 1
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