modified clearly erroneous standard in North Dakota

2010Voisine, at ¶ 9 (citing In re E.W.F., 2008 ND 130, ¶ 10 , 751 N.W.2d 686 ; Kansas v. Crane, 534 U.S. 407, 413 , 122 S.Ct. 867 , 151 L.Ed.2d 856 (2002)). [¶ 14] We review civil commitments of sexually dangerous individuals under a modified clearly erroneous standard.

2010Voisine, at ¶ 9 (citing In re E.W.F., 2008 ND 130, ¶ 10 , 751 N.W.2d 686 ; Kansas v. Crane, 534 U.S. 407, 413 , 122 S.Ct. 867 , 151 L.Ed.2d 856 (2002)). [¶ 14] We review civil commitments of sexually dangerous individuals under a modified clearly erroneous standard.

2009II [¶ 8] This Court applies a modified clearly erroneous standard of review and will affirm a district court order denying a petition for discharge from commitment as a sexually dangerous individual “unless it is induced by an erroneous view of the law or we are firmly convinced it is not supported by clear and convincing evidence.” Matter of G.R.H., 2008 ND 222, ¶ 7 , 758 N.W.2d 719 ; Matter of E.W.F., 2008 ND 130, ¶ 8 , 751 N.W.2d 686 .

2009II [¶ 8] This Court applies a modified clearly erroneous standard of review and will affirm a district court order denying a petition for discharge from commitment as a sexually dangerous individual “unless it is induced by an erroneous view of the law or we are firmly convinced it is not supported by clear and convincing evidence.” Matter of G.R.H., 2008 ND 222, ¶ 7 , 758 N.W.2d 719 ; Matter of E.W.F., 2008 ND 130, ¶ 8 , 751 N.W.2d 686 .

2019II [¶3] This Court reviews "civil commitments of sexually dangerous individuals under a modified clearly erroneous standard of review." Interest of Nelson , 2017 ND 152 , ¶ 3, 896 N.W.2d 923 .

2019II [¶3] This Court reviews "civil commitments of sexually dangerous individuals under a modified clearly erroneous standard of review." Interest of Nelson , 2017 ND 152 , ¶ 3, 896 N.W.2d 923 .

2011II [¶ 4] We have described our standard of review as follows: “In reviewing a trial court’s order committing an individual as sexually dangerous, this Court applies a modified clearly erroneous standard and will affirm unless the order is induced by an erroneous view of the law, or we are firmly convinced the order is not supported by clear and convincing evidence.” In re J.M., 2006 ND 96, 1111 , 713 N.W.2d 518 . [¶ 5] To commit someone as a sexually dangerous individual: “[T]he State must prove by clear and convincing evidence (1) the individual has engaged in sexually predatory conduct, (2)

2011II [¶ 4] We have described our standard of review as follows: “In reviewing a trial court’s order committing an individual as sexually dangerous, this Court applies a modified clearly erroneous standard and will affirm unless the order is induced by an erroneous view of the law, or we are firmly convinced the order is not supported by clear and convincing evidence.” In re J.M., 2006 ND 96, 1111 , 713 N.W.2d 518 . [¶ 5] To commit someone as a sexually dangerous individual: “[T]he State must prove by clear and convincing evidence (1) the individual has engaged in sexually predatory conduct, (2)

2018II [¶ 3] This Court reviews "civil commitments of sexually dangerous individuals under a modified clearly erroneous standard of review." Interest of Nelson , 2017 ND 152 , ¶ 3, 896 N.W.2d 923 (quoting Matter of Midgett , 2009 ND 106 , ¶ 5, 766 N.W.2d 717 ).

2018II [¶ 3] This Court reviews "civil commitments of sexually dangerous individuals under a modified clearly erroneous standard of review." Interest of Nelson , 2017 ND 152 , ¶ 3, 896 N.W.2d 923 (quoting Matter of Midgett , 2009 ND 106 , ¶ 5, 766 N.W.2d 717 ).

2016Midgett, 2010 ND 98, ¶ 6 , 783 N.W.2d 27 .

2016Midgett , 2010 ND 98, ¶ 6 .

2019Matter of R.A.S., 2019 ND 169, ¶ 5 , 930 N.W.2d 162 (citing Interest of Tanner, 2017 ND 153, ¶ 4 , 897 N.W.2d 901 ).

2019Matter of R.A.S., 2019 ND 169, ¶ 5 , 930 N.W.2d 162 (citing Interest of Tanner, 2017 ND 153, ¶ 4 , 897 N.W.2d 901 ).

2014II [¶ 6] “We review civil commitments of sexually dangerous individuals under a modified clearly erroneous standard of review.” Interest of G.L.D., 2011 ND 52, ¶ 5 , 795 N.W.2d 346 .

2013Id. [¶ 8] “We review civil commitments of sexually dangerous individuals under a modified clearly erroneous standard of review.” Interest of G.L.D., 2011 ND 52, ¶ 5 , 795 N.W.2d 346 .

2014See Matter of Wolff , 2011 ND 76, ¶ 14 , 796 N.W.2d 644 (concluding that because a choice between two permissible views of the weight of the evidence is not clearly erroneous, the district court’s finding the individual remained a sexually dangerous individual was not clearly erroneous); Matter of Vantreece , 2009 ND 152 , ¶ 18, 771 N.W.2d 585 (concluding under the modified clearly erroneous standard that this Court was not convinced the district court order was not supported by clear and convincing evidence); Zundel v. Zundel , 278 N.W.2d 123, 130 (N.D. 1979) (holding this Court does not dete

2014See Matter of Wolff , 2011 ND 76, ¶ 14 , 796 N.W.2d 644 (concluding that because a choice between two permissible views of the weight of the evidence is not clearly erroneous, the district court’s finding the individual remained a sexually dangerous individual was not clearly erroneous); Matter of Vantreece , 2009 ND 152 , ¶ 18, 771 N.W.2d 585 (concluding under the modified clearly erroneous standard that this Court was not convinced the district court order was not supported by clear and convincing evidence); Zundel v. Zundel , 278 N.W.2d 123, 130 (N.D. 1979) (holding this Court does not dete

2014II [¶ 6] “We review civil commitments of sexually dangerous individuals under a modified clearly erroneous standard of review.” Interest of G.L.D., 2011 ND 52, ¶ 5 , 795 N.W.2d 346 .

2013Id. [¶ 8] “We review civil commitments of sexually dangerous individuals under a modified clearly erroneous standard of review.” Interest of G.L.D., 2011 ND 52, ¶ 5 , 795 N.W.2d 346 .

2008II [¶ 8] “Civil commitments of sexually dangerous individuals are reviewed under a modified clearly erroneous standard and will be affirmed unless the district court’s order is induced by an erroneous view of the law, or we are firmly convinced the order is not supported by clear and convincing evidence.” Matter of Hehn, 2008 ND 36, ¶ 17 , 745 N.W.2d 631 (quoting Matter of Midgett, 2007 ND 198, ¶ 6 , 742 N.W.2d 803 ) (internal quotations omitted). [¶ 9] Chapter 25-03.3, N.D.C.C., which governs the commitment of sexually dangerous individuals, requires the State to prove, by clear and convincin

2008II [¶ 8] “Civil commitments of sexually dangerous individuals are reviewed under a modified clearly erroneous standard and will be affirmed unless the district court’s order is induced by an erroneous view of the law, or we are firmly convinced the order is not supported by clear and convincing evidence.” Matter of Hehn, 2008 ND 36, ¶ 17 , 745 N.W.2d 631 (quoting Matter of Midgett, 2007 ND 198, ¶ 6 , 742 N.W.2d 803 ) (internal quotations omitted). [¶ 9] Chapter 25-03.3, N.D.C.C., which governs the commitment of sexually dangerous individuals, requires the State to prove, by clear and convincin

2008II [¶ 8] “Civil commitments of sexually dangerous individuals are reviewed under a modified clearly erroneous standard and will be affirmed unless the district court’s order is induced by an erroneous view of the law, or we are firmly convinced the order is not supported by clear and convincing evidence.” Matter of Hehn, 2008 ND 36, ¶ 17 , 745 N.W.2d 631 (quoting Matter of Midgett, 2007 ND 198, ¶ 6 , 742 N.W.2d 803 ) (internal quotations omitted). [¶ 9] Chapter 25-03.3, N.D.C.C., which governs the commitment of sexually dangerous individuals, requires the State to prove, by clear and convincin

2008II [¶ 8] “Civil commitments of sexually dangerous individuals are reviewed under a modified clearly erroneous standard and will be affirmed unless the district court’s order is induced by an erroneous view of the law, or we are firmly convinced the order is not supported by clear and convincing evidence.” Matter of Hehn, 2008 ND 36, ¶ 17 , 745 N.W.2d 631 (quoting Matter of Midgett, 2007 ND 198, ¶ 6 , 742 N.W.2d 803 ) (internal quotations omitted). [¶ 9] Chapter 25-03.3, N.D.C.C., which governs the commitment of sexually dangerous individuals, requires the State to prove, by clear and convincin

2015In re Hehn, 2013 ND 191, ¶ 7 , 838 N.W.2d 469 .

2015In re Hehn, 2013 ND 191, ¶ 7 , 838 N.W.2d 469 .

2014This Court reviews “‘civil commitments of sexually dangerous individuals under a modified clearly erroneous standard.’” Interest of Johnson , 2013 ND 146, ¶ 5 , 835 N.W.2d 806 (quoting In re Rubey , 2011 ND 165 , ¶ 5, 801 N.W.2d 702 ).

2014This Court reviews “ ‘civil commitments of sexually dangerous individuals under a modified clearly erroneous standard.’ ” Interest of Johnson, 2013 ND 146, ¶ 5 , 835 N.W.2d 806 (quoting In re Rubey, 2011 ND 165 , ¶ 5, 801 N.W.2d 702 ).

2014This Court reviews “‘civil commitments of sexually dangerous individuals under a modified clearly erroneous standard.’” Interest of Johnson , 2013 ND 146, ¶ 5 , 835 N.W.2d 806 (quoting In re Rubey , 2011 ND 165 , ¶ 5, 801 N.W.2d 702 ).

2014This Court reviews “ ‘civil commitments of sexually dangerous individuals under a modified clearly erroneous standard.’ ” Interest of Johnson, 2013 ND 146, ¶ 5 , 835 N.W.2d 806 (quoting In re Rubey, 2011 ND 165 , ¶ 5, 801 N.W.2d 702 ).

2012II [¶ 7] Rubey argues the district court erred in concluding the State proved by clear and convincing evidence that he remained a sexually dangerous individual under N.D.C.C. ch. 25-03.3. [¶8] Our review of a civilly-committed, sexually dangerous individual is well-established: We review civil commitments of sexually dangerous individuals under a modified clearly erroneous standard in which we will affirm a district court’s order “unless it is induced by an erroneous view of the law or we are firmly convinced [the order] is not supported by clear and convincing evidence.” In re Rubey, 2011 ND

2012II [¶ 7] Rubey argues the district court erred in concluding the State proved by clear and convincing evidence that he remained a sexually dangerous individual under N.D.C.C. ch. 25-03.3. [¶8] Our review of a civilly-committed, sexually dangerous individual is well-established: We review civil commitments of sexually dangerous individuals under a modified clearly erroneous standard in which we will affirm a district court’s order “unless it is induced by an erroneous view of the law or we are firmly convinced [the order] is not supported by clear and convincing evidence.” In re Rubey, 2011 ND

2023The court’s decision will be affirmed unless it is induced by an erroneous view of the law or we are firmly convinced the decision is not supported by clear and convincing evidence.” Matter of Knoke, 2021 ND 240, ¶ 13 , 968 N.W.2d 178 (citations omitted). [¶5] “[T]he State has the burden of proving a person is a sexually dangerous individual by clear and convincing evidence.” In re Buller, 2020 ND 270, ¶ 14 , 952 N.W.2d 106 .

2023The court’s decision will be affirmed unless it is induced by an erroneous view of the law or we are firmly convinced the decision is not supported by clear and convincing evidence.” Matter of Knoke, 2021 ND 240, ¶ 13 , 968 N.W.2d 178 (citations omitted). [¶5] “[T]he State has the burden of proving a person is a sexually dangerous individual by clear and convincing evidence.” In re Buller, 2020 ND 270, ¶ 14 , 952 N.W.2d 106 .

2023“The evidence must clearly show the . . . disorder is likely to manifest itself in a serious difficulty in controlling sexually predatory behavior.” Interest of J.M., 2006 ND 96, ¶ 10 , 713 N.W.2d 518 . [¶6] “We review civil commitments of sexually dangerous individuals under a modified clearly erroneous standard of review.” Matter of Hehn, 2020 ND 226 , ¶ 4, 949 N.W.2d 848 .

2023“The evidence must clearly show the . . . disorder is likely to manifest itself in a serious difficulty in controlling sexually predatory behavior.” Interest of J.M., 2006 ND 96, ¶ 10 , 713 N.W.2d 518 . [¶6] “We review civil commitments of sexually dangerous individuals under a modified clearly erroneous standard of review.” Matter of Hehn, 2020 ND 226 , ¶ 4, 949 N.W.2d 848 .

2023Matter of Knoke, 2021 ND 240, ¶ 13 , 968 N.W.2d 178 (citing In re Nelson, 2017 ND 28, ¶ 7 , 889 N.W.2d 879 ).

2023Matter of Knoke, 2021 ND 240, ¶ 13 , 968 N.W.2d 178 (citing In re Nelson, 2017 ND 28, ¶ 7 , 889 N.W.2d 879 ).

2010“This Court reviews civil commitments of sexually dangerous individuals under a modified clearly erroneous standard, and we will affirm the district court’s decision unless the court’s order is induced by an erroneous view of the law, or we are firmly convinced the order is not supported by clear and convincing evidence.” In re R.A.S., 2008 ND 185, ¶ 5 , 756 N.W.2d 771 .

2010“This Court reviews civil commitments of sexually dangerous individuals under a modified clearly erroneous standard, and we will affirm the district court’s decision unless the court’s order is induced by an erroneous view of the law, or we are firmly convinced the order is not supported by clear and convincing evidence.” In re R.A.S., 2008 ND 185, ¶ 5 , 756 N.W.2d 771 .

2009"The State must prove by clear and convincing evidence that the committed individual remains a sexually dangerous individual." Matter of M.D., 2008 ND 208 , ¶ 7, 757 N.W.2d 559 (citing N.D.C.C. § 25-03.3-18(4)).

2009“The State must prove by clear and convincing evidence that the committed individual remains a sexually dangerous individual.” Matter of M.D., 2008 ND 208 , ¶ 7, 757 N.W.2d 559 (citing N.D.C.C. § 25-03.3-18(4)).

2009"The State must prove by clear and convincing evidence that the committed individual remains a sexually dangerous individual." Matter of M.D., 2008 ND 208 , ¶ 7, 757 N.W.2d 559 (citing N.D.C.C. § 25-03.3-18(4)).

2009“The State must prove by clear and convincing evidence that the committed individual remains a sexually dangerous individual.” Matter of M.D., 2008 ND 208 , ¶ 7, 757 N.W.2d 559 (citing N.D.C.C. § 25-03.3-18(4)).

2008N.D.C.C. § 25-03.3-01(8). [¶ 10] The phrase “ ‘likely to engage in further acts of sexually predatory conduct’ means the individual’s propensity towards sexual violence is of such a degree as to pose a threat to others.” Matter of Hehn , at ¶ 19 (citing Interest of M.B.K., 2002 ND 25, ¶ 18 , 639 N.W.2d 473 ; Matter of G.R.H., 2006 ND 56 , ¶ 16, 711 N.W.2d 587 ).

2008N.D.C.C. § 25-03.3-01(8). [¶ 10] The phrase “ ‘likely to engage in further acts of sexually predatory conduct’ means the individual’s propensity towards sexual violence is of such a degree as to pose a threat to others.” Matter of Hehn , at ¶ 19 (citing Interest of M.B.K., 2002 ND 25, ¶ 18 , 639 N.W.2d 473 ; Matter of G.R.H., 2006 ND 56 , ¶ 16, 711 N.W.2d 587 ).

2008N.D.C.C. § 25-03.3-01(8). [¶ 10] The phrase “ ‘likely to engage in further acts of sexually predatory conduct’ means the individual’s propensity towards sexual violence is of such a degree as to pose a threat to others.” Matter of Hehn , at ¶ 19 (citing Interest of M.B.K., 2002 ND 25, ¶ 18 , 639 N.W.2d 473 ; Matter of G.R.H., 2006 ND 56 , ¶ 16, 711 N.W.2d 587 ).

2008N.D.C.C. § 25-03.3-01(8). [¶ 10] The phrase “ ‘likely to engage in further acts of sexually predatory conduct’ means the individual’s propensity towards sexual violence is of such a degree as to pose a threat to others.” Matter of Hehn , at ¶ 19 (citing Interest of M.B.K., 2002 ND 25, ¶ 18 , 639 N.W.2d 473 ; Matter of G.R.H., 2006 ND 56 , ¶ 16, 711 N.W.2d 587 ).

2006In re D.V.A., 2004 ND 57, ¶ 7 , 676 N.W.2d 776 .

2006In re D.V.A., 2004 ND 57, ¶ 7 , 676 N.W.2d 776 .

2019In re R.A.S., 2019 ND 169, ¶ 5 , 930 N.W.2d 162 . “[W]e will affirm the district court’s decision unless it is induced by an erroneous view of the law, or we are firmly convinced the decision is not supported by clear and convincing evidence.” Id.

2019Matter of R.A.S., 2019 ND 169, ¶ 5 , 930 N.W.2d 162 (citing Interest of Tanner, 2017 ND 153, ¶ 4 , 897 N.W.2d 901 ).

2019In re R.A.S., 2019 ND 169, ¶ 5 , 930 N.W.2d 162 . “[W]e will affirm the district court’s decision unless it is induced by an erroneous view of the law, or we are firmly convinced the decision is not supported by clear and convincing evidence.” Id.

2019Matter of R.A.S., 2019 ND 169, ¶ 5 , 930 N.W.2d 162 (citing Interest of Tanner, 2017 ND 153, ¶ 4 , 897 N.W.2d 901 ).