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Matter of O.H.W.

Docket No. 20210006
Oral Argument: Monday, June 28, 2021 2:45 PM

Docket Info

Title
In the Matter of O.H.W.

State of North Dakota, Petitioner and Appellee
v.
O.H.W., Respondent and Appellant
Case Type
CIVIL APPEAL : CIVIL COMMIT OF SEXUAL PREDATOR
Appeal From
Case No. 04-R-00904
East Central Judicial District, Cass County
Stephannie Nicole Stiel

Parties' Statement of Issues

  • Appellant

    Whether the District Court’s Order’s factual basis regarding O.H.W.’s behavior is sufficient to legally conclude O.H.W. has serious difficulty controlling his behavior.

  • Appellee 1

    Whether the district court’s factual basis was sufficient to support its conclusion that O.H.W. has serious difficulty controlling his behavior.


Summary

O.H.W. appeals after the denial of his request for discharge from civil commitment.

O.H.W. has been civilly committed as a sexually dangerous individual since April 2005. In February 2020, he filed an application to request a discharge hearing. After a September 2020 hearing, the district court denied O.H.W.’s request. The court found he was likely to engage in further acts of sexual predatory conduct, and he had serious difficulty controlling his sexual behavior.

On appeal, O.H.W. argues the district court erred in denying his request for discharge from civil commitment.


Briefs

Filing Date Description
04/09/2021 APPELLANT BRIEF View
05/07/2021 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE ASST. STATE'S ATTORNEY Renata June Olafson Selzer - 06076
APPELLANT COURT APPOINTED Tyler J. Morrow - 06923

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 01/12/2021 NOTICE OF APPEAL : 01/12/2021
2 01/12/2021 ORDER FOR TRANSCRIPT : 01/13/2021
3 01/13/2021 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 01/13/2021 Notice Served on Tyler J. Morrow and Birch P. Burdick
5 01/13/2021 ANNOUNCED DISQUALIFICATION : McEvers, Lisa K. Fair
6 02/15/2021 ELEC. RECORD ON APPEAL DATED FEBRUARY 12, 2021 (ENTRY NOS.1-54, 56-58, 60-72, 74-204, 206-386)(NO
7 02/15/2021 DOCUMENTS 55, 59, 73 AND 205)
8 02/26/2021 ELECTRONIC TRANSCRIPT DATED SEPTEMBER 25, 2020
9 02/26/2021 Transcript Certificate of Service
10 04/06/2021 MOT. EXT/TIME APPELLANT BRIEF
11 04/06/2021 ACTION BY CLERK - Granted : 04/09/2021
12 04/09/2021 APPELLANT BRIEF View
13 04/09/2021 Oral Argument Request by Appellant
14 04/09/2021 APPELLANT APPENDIX
15 04/12/2021 Rec'd non-substantive corrections to ATB
16 04/13/2021 Rec'd 5 copies of ATB and 4 copies of ATA back from CD
17 05/07/2021 APPELLEE BRIEF View
18 05/07/2021 Oral Argument Request by Appellee
19 05/10/2021 Rec'd 4 copies of AEB back from CD
20 05/18/2021 NOTICE OF ORAL ARGUMENT SENT
21 05/21/2021 SITTING WITH THE COURT : Christofferson, Lee A.