probing clearly erroneous standard (North Dakota) · Go Syfert
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probing clearly erroneous standard in North Dakota

45 North Dakota opinions name it 1 courts 1995–2025 12 in the last five years

The cases below were cited by North Dakota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
In Interest of JSgreen
nd · 1995 · cited in 4 North Dakota opinions naming this issue, 2005–2005
2 sentences

2005Interest of J.S., 530 N.W.2d 331, 333 (N.D. 1995).

2005Under this more probing standard, “we will affirm an order for involuntary treatment unless it is induced by an erroneous view of the law or if we are firmly convinced it is not supported by clear and convincing evidence.” See Interest of P.B., 2005 ND 201, ¶ 5 , 706 N.W.2d 78 (quoting Interest of J.S., 530 N.W.2d 331, 333 (N.D.1995)). [¶ 10] The trial court’s decision was not induced by a clearly erroneous view of the law.

44
Interest of S.R.B.green
nd · 2013 · cited in 3 North Dakota opinions naming this issue, 2022–2024
2 sentences

2024See In re S.R.B., 2013 ND 109, ¶ 7 , 832 N.W.2d 42 (stating that the court’s findings in an order for hospitalization and treatment are “subject to a more probing clearly erroneous standard of review”).

2024See In re S.R.B., 2013 ND 109, ¶ 7 , 832 N.W.2d 42 (stating that the court’s findings in an order for hospitalization and treatment are “subject to a more probing clearly erroneous standard of review”).

33
Pryatel v. Doe (In Re Doe)green
nd · 2019 · cited in 7 North Dakota opinions naming this issue, 2022–2025
2 sentences

2025We review the court’s findings “under the more probing clearly erroneous standard of review.” Int. of Doe, 2019 ND 23 , ¶ 4, 921 N.W.2d 403 .

2025We review the court’s findings “under the more probing clearly erroneous standard of review.” Int. of Doe, 2019 ND 23 , ¶ 4, 921 N.W.2d 403 .

27
In Interest of RNgreen
nd · 1994 · cited in 1 North Dakota opinions naming this issue, 1995–1995
1 sentence

1995In the Interest of R.N., 513 N.W.2d 370, 371 (N.D.1994). *369 J.S. argues the prescribed medication, haldol deeanoate, has adverse side effects which cause irreversible movement disorders.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in North Dakota. Read the followed side critically anyway.

Also cited on this issue (13)

CaseCitedYears
In Re DA neutral
nd · 2005
2 sentences

2007"Balancing the competing interests of protecting a mentally ill person and preserving that person's liberty, requires trial courts to use a clear and convincing standard of proof" while this Court uses "the more probing clearly erroneous standard of review." Id.

2007“Balancing the competing interests of protecting a mentally ill person and preserving that person’s liberty, requires trial courts to use a clear and convincing standard of proof’ while this Court uses “the more probing clearly erroneous standard of review.” Id.

102006–2019
In Re Jd green
nd · 2002
2 sentences

2010Id.

2010Id.

52005–2010
Pryatel v. M.M. green
nd · 2005
2 sentences

2016In re M.M., 2005 ND 219, ¶ 9 , 707 N.W.2d 78 .

2006Id.

42006–2016
Interest of G.A.S. neutral
nd · 2016
2 sentences

2024She also argues the court erred in granting the request for involuntary treatment with medications. [¶2] “A district court’s decision to order involuntary treatment with medication must be based upon clear and convincing evidence, and this Court reviews the district court’s findings under a more probing clearly erroneous standard of review.” In re G.A.S., 2016 ND 136, ¶ 4 , 881 N.W.2d 615 .

2024She also argues the court erred in granting the request for involuntary treatment with medications. [¶2] “A district court’s decision to order involuntary treatment with medication must be based upon clear and convincing evidence, and this Court reviews the district court’s findings under a more probing clearly erroneous standard of review.” In re G.A.S., 2016 ND 136, ¶ 4 , 881 N.W.2d 615 .

22024–2024
In Interest of Mm green
nd · 2005
2 sentences

2016In re M.M., 2005 ND 219, ¶ 9 , 707 N.W.2d 78 .

2006Interest of M.M., 2005 ND 219, ¶ 9 , 707 N.W.2d 78 .

22006–2016
In Re Wk neutral
nd · 2009
2 sentences

2012“To balance the competing interests of protecting a mentally ill person and preserving that person’s liberty, the district court uses a clear and convincing standard of proof, while we use the more probing clearly erroneous standard of review.” In re W.K., 2009 ND 218, ¶ 12 , 776 N.W.2d 572 .

2012“To balance the competing interests of protecting a mentally ill person and preserving that person’s liberty, the district court uses a clear and convincing standard of proof, while we use the more probing clearly erroneous standard of review.” In re W.K., 2009 ND 218, ¶ 12 , 776 N.W.2d 572 .

22012–2012
In Re Pb neutral
nd · 2005
2 sentences

2005Under this more probing standard, “we will affirm an order for involuntary treatment unless it is induced by an erroneous view of the law or if we are firmly convinced it is not supported by clear and convincing evidence.” See Interest of P.B., 2005 ND 201, ¶ 5 , 706 N.W.2d 78 (quoting Interest of J.S., 530 N.W.2d 331, 333 (N.D.1995)). [¶ 10] The trial court’s decision was not induced by a clearly erroneous view of the law.

2005Under this more probing standard, “we will affirm an order for involuntary treatment unless it is induced by an erroneous view of the law or if we are firmly convinced it is not supported by clear and convincing evidence.” See Interest of P.B., 2005 ND 201, ¶ 5 , 706 N.W.2d 78 (quoting Interest of J.S., 530 N.W.2d 331, 333 (N.D.1995)). [¶ 10] The trial court’s decision was not induced by a clearly erroneous view of the law.

22005–2005
Interest of J.S. green
nd · 2001
2 sentences

2002In re J.S., 2001 ND 10, ¶ 4 , 621 N.W.2d 582 .

2002In re J.S., 2001 ND 10, ¶ 4 , 621 N.W.2d 582 .

22002–2002
In Re JS green
nd · 2001
2 sentences

2002In re J.S., 2001 ND 10, ¶ 4 , 621 N.W.2d 582 .

2002In re J.S., 2001 ND 10, ¶ 4 , 621 N.W.2d 582 .

22002–2002
In Re JK green
nd · 1999
2 sentences

2001In the Interest of J.K., 1999 ND 182, ¶ 10 , 599 N.W.2d 337 .

2001In the Interest of J.K., 1999 ND 182, ¶ 10 , 599 N.W.2d 337 .

22001–2001
In Interest of RAJ green
nd · 1996
2 sentences

1996In Interest of R.A.J., 554 N.W.2d 809 (N.D.1996).

1996In Interest of R.A.J., 554 N.W.2d 809 (N.D.1996).

21996–1996
Beane v. S.R.B. green
nd · 2013
1 sentence

2015“A trial court’s findings are subject to a more probing clearly erroneous standard of review.” In re S.R.B., 2013 ND 75 , ¶ 9, 830 N.W.2d 565 (citation omitted).

12015–2015
Interest of S.R.B. green
nd · 2013
1 sentence

2015“A trial court’s findings are subject to a more probing clearly erroneous standard of review.” In re S.R.B., 2013 ND 75 , ¶ 9, 830 N.W.2d 565 (citation omitted).

12015–2015

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