Binder v. Whitetail

[¶ 18] Nelson G. Whitetail, Sr. committed terrible crimes against two children in 1988 and again in 1997. For those crimes, he has received the punishments exacted by the criminal justice system. I respectfully dissent because it is clear from the evidence that this civil commitment is based upon his past crimes and not upon his present status.

[¶ 19] We have said that a finding is clearly erroneous when there is no evidence to support it. See, e.g., In re S.R.B., 2013 ND 109, ¶ 29, 832 N.W.2d 42. The evidence offered in this case does not establish that Whitetail is presently a sexually…