State of North Dakota v. Kelly Tanner

Summary

The North Dakota Supreme Court affirmed the denial of Kelly Tanner’s petition for discharge from civil commitment as a sexually dangerous individual. The court held that the district court’s findings that Tanner was likely to engage in further sexually predatory conduct and had serious difficulty controlling his behavior were supported by clear and convincing evidence and were not based on an erroneous view of the law.

Holdings

1. The district court properly denied Tanner's petition for discharge because the record supported the finding that he remained a sexually dangerous individual and the decision was not induced by an erroneous view of the law.
2. The State proved by clear and convincing evidence that Tanner was likely to engage in further acts of sexually predatory conduct.
3. Substantive due process requires proof, in addition to the statutory elements, that the committed individual has serious difficulty controlling his behavior; the record supported that finding here.

Questions Presented

1. Whether the district court's finding that Tanner remained a sexually dangerous individual was supported by clear and convincing evidence.
2. Whether the State proved that Tanner was likely to engage in further acts of sexually predatory conduct.
3. Whether the evidence supported the required substantive-due-process finding that Tanner had serious difficulty controlling his behavior.

Disposition

affirmed