Per Curiam. Rebecca L. Flanders, Assistant State's Attorney, Bismarck, ND, for petitioner and appellee.
Tyler J. Morrow, Grand Forks, ND, for respondent and appellant.
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Interest of Hoff No. 20250456 Per Curiam.
[¶1] Robert Hoff appeals from a district court order denying his application for discharge from civil commitment as a sexually dangerous individual. Hoff argues the district court's findings are not supported by clear and convincing evidence. We summarily affirm the district court order denying Hoff's application for discharge and continuing his commitment as a sexually dangerous individual under N.D.R.App.P. 35.1(a)(2).
I
[¶2] On a previous appeal of this matter, this Court held "the district court made inadequate findings of fact to permit appellate review under the Crane factor." Interest of Hoff, 2025 ND 164, ¶ 12, 26 N.W.3d 552; Kansas v. Crane, 534 U.S. 407, 412-13 (2002). We remanded to the district court "for further specific findings on whether Hoff has serious difficulty controlling his behavior[.]" Hoff, ¶ 12. The district court made further findings, determined Hoff's conduct satisfied the Crane factor, and denied Hoff's application for discharge from civil commitment as a sexually dangerous individual. Hoff appeals.
II
[¶3] This Court reviews civil commitments of sexually dangerous individuals under a modified clearly erroneous standard of review. In re Wolff, 2011 ND 76, ¶ 5, 796 N.W.2d 644. "We will affirm a trial court's order denying a petition for discharge unless it is induced by an erroneous view of the law or we are firmly convinced it is not supported by clear and convincing evidence." Id. (citation omitted). Under this standard, we give great deference to the district court's determinations on credibility and the weight of testimony. Id. This Court will not second-guess the credibility determinations of the district court. Id. [¶4] To satisfy the Crane factor, the State must show "a causal connection between the disorder and inability to control behavior, which would likely result in future sexually predatory conduct." Interest of Skorick, 2022 ND 141, ¶ 5, 977
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N.W.2d 697. "[C]lear and convincing evidence that the individual is likely to engage in further sexually predatory conduct" is required. Id. (citation omitted). When analyzing the Crane factor the district court may consider "all relevant conduct[.]" Id. ¶ 6.
[¶5] After a review of the record and the district court's extensive findings on Hoff's disorder, his inability to control his behavior, the nexus between his disorder and behavioral issues, and his likelihood of engaging in sexually predatory conduct in the future, we conclude the district court's findings are supported by clear and convincing evidence and not induced by an erroneous view of the law.
III
[¶6] We summarily affirm the district court order denying Hoff's application for discharge and continuing his commitment as a sexually dangerous individual under N.D.R.App.P. 35.1(a)(2).
[¶7] Lisa Fair McEvers, C.J.
Jerod E. Tufte
Jon J. Jensen
Mark A. Friese
Richard L. Hagar, D.J.
[¶8] The Honorable Richard L. Hagar, D.J., sitting in place of Bahr, J., disqualified.