In the Matter of A.M.

Summary

The Supreme Court of North Dakota reviewed the denial of A.M.'s petition for discharge from commitment as a sexually dangerous individual. The court held that the district court did not clearly err because the State presented clear and convincing evidence that A.M. remained sexually dangerous, and it affirmed the order.

Holdings

1. The district court did not clearly err in finding by clear and convincing evidence that A.M. remained a sexually dangerous individual and in denying his petition for discharge.
2. Actuarial test results indicating less than a high risk of reoffending do not preclude a finding that an individual remains sexually dangerous.

Questions Presented

1. Whether the district court clearly erred in finding by clear and convincing evidence that A.M. remained a sexually dangerous individual.
2. Whether the evidence established the required nexus between A.M.'s disorder and dangerousness, including serious difficulty controlling his behavior.

Disposition

affirmed