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In re Johnson

Supreme Court of North Dakota

March 24, 2015

In the Interest of Jeremy Tim Johnson;
v.
Jeremy Tim Johnson, Respondent and Appellant Christene A. Reierson, Assistant State's Attorney, Petitioner and Appellee

Editorial Note:

The opinion cannot be considered final until disposition of such petition for rehearing by the court or expiration of 14 days from filing date.

Appeal from the District Court of Ward County, North Central Judicial District, the Honorable Gary H. Lee, Judge.

REVERSED AND REMANDED.

Christene A. Reierson, Assistant State's Attorney, Courthouse, Minot, ND, petitioner and appellee.

Tyler J. Morrow, Grand Forks, ND, for respondent and appellant.

Carol Ronning Kapsner, Lisa Fair McEvers, Gerald W. VandeWalle, C.J. Opinion of the Court by Kapsner, Justice. Crothers, Justice, dissenting.

OPINION

Page 485

Kapsner, Justice.

[¶1] Jeremy Johnson appeals from a district court order denying his petition for discharge from civil commitment as a sexually dangerous individual. We conclude the district court did not make sufficient findings of fact, and we reverse and remand for further findings.

I

[¶2] Johnson was committed as a sexually dangerous individual in 2012, and his commitment was affirmed by this Court in Interest of Johnson, 2013 ND 146, 835 N.W.2d 806. In August 2013, Johnson petitioned the district court for discharge. At the discharge hearing, Dr. Robert Lisota testified for the State contending that Johnson remains a sexually dangerous individual subject to continued civil commitment. Johnson's experts, Dr. Stacey Benson and Dr. Troy Ertelt, testified at the discharge hearing asserting Johnson no

Page 486

longer meets the criteria for civil commitment. After the hearing, the district court found the State had proven, by clear and convincing evidence, that Johnson remains a sexually dangerous ...


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