Matter of J.M.

J.M. appealed a district court order denying his petition for discharge and continuing his commitment as a sexually dangerous individual. J.M. was civilly committed as a sexually dangerous individual in October 2005 at the end of his incarceration for a 2001 conviction for gross sexual imposition involving a nine-year-old victim. J.M. unsuccessfully petitioned for discharge several times and has appealed his commitment on four prior occasions. He argued this time the State did not prove by clear and convincing evidence his antisocial personality disorder and sexual disorder were likely to result in a serious difficulty in controlling his behavior. Based on this record, the North Dakota Supreme Court concluded the State did not establish clear and convincing evidence of a nexus between J.M.’s disorder and his sexual dangerousness to others, and reversed. View "Matter of J.M." on Justia Law