State v. Chisholm

¶1Filed 7/12/12 by Clerk of Supreme Court

¶2IN THE SUPREME COURT

¶3STATE OF NORTH DAKOTA

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¶72012 ND 127

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¶12In the Interest of Kelly Tanner

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¶14State of North Dakota, Petitioner and Appellee

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¶16v.

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¶18Kelly Tanner, Respondent and Appellant

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¶22No. 20120084

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¶26Appeal from the District Court of Dickey County, Southeast Judicial District, the Honorable Daniel D. Narum, Judge.

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¶28AFFIRMED.

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¶30Per Curiam.

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¶32Gary D. Neuharth, State’s Attorney, P.O. Box 346, Oakes, ND 58474-0346, for petitioner and appellee.

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¶34Kimberly J. Radermacher, P.O. Box 39, Ellendale, ND 58436, for respondent and appellant.

¶35Interest of Tanner

¶36No. 20120084

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¶38Per Curiam.

¶39[¶1] Kelly Tanner appealed from a district court order civilly committing him as a sexually dangerous individual.  On appeal, Tanner argues the State failed to prove by clear and convincing evidence that he was likely to engage in further acts of sexually predatory conduct and that he has serious difficulty controlling his behavior.  We affirm under N.D.R.App.P. 35.1(a)(2).

¶40[¶2] Gerald W. VandeWalle, C.J.

¶41Carol Ronning Kapsner

¶42Mary Muehlen Maring

¶43Daniel J. Crothers

¶44Dale V. Sandstrom