IN RE HOFF

No. 20120248.

830 N.W.2d 608 (2013)

2013 ND 68

In the Interest of Robert R. HOFF. Pamela A. Nesvig, Assistant State's Attorney, Petitioner and Appellee v. Robert R. Hoff, Respondent and Appellant.

Supreme Court of North Dakota.

May 14, 2013.


Attorney(s) appearing for the Case

Pamela A. Nesvig , Assistant State's Attorney, Bismarck, ND, petitioner and appellee; submitted on brief.

Gregory I. Runge , Bismarck, ND, for respondent and appellant; submitted on brief.


KAPSNER, Justice.

[¶ 1] Robert R. Hoff appeals from an order denying his petition for discharge from civil commitment as a sexually dangerous individual. We hold the district court abused its discretion by not independently making an individualized determination on the record whether it was necessary to restrain Hoff during the hearing, and its failure to do so was not harmless error. We reverse and remand.

I

[¶ 2] Hoff, who is currently...

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