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In re Johnson

Supreme Court of North Dakota

February 18, 2016

In the Interest of Jeremy Tim Johnson Rozanna C. Larson, County State's Attorney, Petitioner and Appellee
v.
Jeremy Tim Johnson, Respondent and Appellant

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.

Kelly A. Dillon, Assistant State's Attorney, Ward County Courthouse, Minot, ND, for petitioner and appellee.

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

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

OPINION

Page 26

Kapsner, Justice.

[¶1] Jeremy Johnson appeals a district court order continuing his commitment as a sexually dangerous individual. He argues the district court's findings are insufficient to demonstrate he has serious difficulty controlling his behavior. We conclude the district court's findings are insufficient, and we reverse its order.

I

[¶2] Johnson was committed as a sexually dangerous individual in 2012. We upheld his initial commitment in Interest of Johnson, 2013 ND 146, 835 N.W.2d 806. In 2013, he petitioned the district court for discharge; the district court found Johnson was a sexually dangerous individual and continued his commitment. Johnson appealed. In Interest of Johnson, 2015 ND 71, 861 N.W.2d 484, this Court remanded Johnson's case for further findings of fact regarding whether he had serious difficulty controlling his behavior. Upon remand, the district court reviewed the record, made additional findings, and again continued Johnson's commitment. Johnson filed a timely appeal.

Page 27

II

[¶3] We set forth our standard for reviewing the civil commitment of sexually dangerous individuals in Johnson, 2015 ND 71, ¶ ¶ 4-5, 861 N.W.2d 484 (quoting Matter of Wolff,201 ...


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