State of North Dakota v. William Joseph Carter

Summary

The North Dakota Supreme Court affirmed an order denying William Joseph Carter’s request for discharge from commitment as a sexually dangerous individual. The court held that clear and convincing evidence established both that Carter was likely to engage in further sexually predatory conduct and that he had serious difficulty controlling his behavior under the Kansas v. Crane requirement.

Holdings

1. The State presented clear and convincing evidence that Carter was likely to engage in further acts of sexually predatory conduct, satisfying the third statutory element for commitment as a sexually dangerous individual.
2. The State presented clear and convincing evidence that Carter had serious difficulty controlling his behavior. The conduct supporting this finding need not be sexual in nature.

Questions Presented

1. Whether clear and convincing evidence established that Carter was likely to engage in further acts of sexually predatory conduct.
2. Whether clear and convincing evidence established that Carter had serious difficulty controlling his behavior as required by Kansas v. Crane and North Dakota law.

Disposition

affirmed