In re: Derrick Woodard

791 S.E.2d 109, 249 N.C. App. 64, 2016 N.C. App. LEXIS 866
CourtCourt of Appeals of North Carolina
DecidedAugust 16, 2016
Docket15-1116
StatusPublished

This text of 791 S.E.2d 109 (In re: Derrick Woodard) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re: Derrick Woodard, 791 S.E.2d 109, 249 N.C. App. 64, 2016 N.C. App. LEXIS 866 (N.C. Ct. App. 2016).

Opinion

DAVIS, Judge.

*64 Derrick Woodard ("Respondent") appeals from the trial court's order involuntarily committing him to UNC Wakebrook Inpatient Treatment Facility ("UNC Wakebrook") for a period of inpatient treatment. On appeal, Respondent argues that the lack of a verbatim transcript from his commitment hearing has deprived him of the opportunity for meaningful appellate review of the commitment order and entitles him to a new hearing. After careful review, we affirm the trial court's order.

Factual Background

On 2 February 2015, Dr. Edith Gettes filed an affidavit and petition for involuntary commitment in which she alleged Respondent was mentally ill and dangerous to himself and others. A magistrate ordered Respondent to be held for examination that same day. A hearing was held on 12 February 2015 before the Honorable Louis Meyer in Wake County District Court. Following the hearing, the trial court concluded that Respondent was mentally ill and presented a danger to himself and *65 others. That same day, the trial court entered an order containing the following findings:

Respondent ('R.') had prior 10-day inpatient admission at UNC Wakebrook in Nov. 2013 after presenting with symptoms of paranoia and delusions. During this admission, R. punched a wall and had his hand X-rayed; however, R. improved with treatment and medication. R. agreed to voluntary 90-day outpatient treatment and medication thereafter, but refused to take medication after initial supply ran out and refused to do follow up outpatient treatment.
During 1st 2 months of 2015, R. made false Facebook postings asserting gang membership that caused 2 males to come to R's home seeking retribution, and R. had physical altercations with his step-sisters and father, and R. was admitted for inpatient treatment at UNC Wakebrook upon petition and magistrate's custody order for involuntary commitment.
During present admission to UNC Wakebrook, R. has been treated by Dr. Br[i]an Robbins, who gave expert psychiatric testimony at 2-12-15 district court hearing that R. is diagnosed as being schizophrenic based on R. having multiple delusions and paranoia (e.g., R. asserted he's a Navy Seal, is being followed by Black Panthers and Secret Service, is Pres. Obama's nephew, has a microchip planted in his head, is a 6-time Olympic gold medalist) and R. having disorganized thinking and disconnect as to why treatment and medication are necessary and helpful for him.
During present admission at UNC Wakebrook, R. threatened physical harm to Dr. Robbins and a nurse for requiring R. to take medication; however, R. has improved with treatment and medication during present inpatient admission. R. is unable, without care, supervision and assistance of others to exercise self-control, judgment and discretion to satisfy his need for medical/psychiatric care, and has exhibited severely impaired insight as to his need for medical/psychiatric care, and there is reas[onable] probab[ility] of R. suffering serious physical debilitation in near future unless he gets adequate inpatient and outpatient treatments. Within relevant past, R. has threatened to inflict serious bodily harm on other persons (including *66 threatening serious bodily harm to UNC law enforcement officers on 2/3/15) and there is reasonable probability this conduct would be repeated unless R. gets adequate inpatient and outpatient treatment.

The trial court ordered that Respondent be committed to UNC Wakebrook for a period of inpatient treatment not to exceed 30 days and to Alliance Behavioral Health for a period of outpatient treatment not to exceed 60 days. Respondent entered written notice of appeal on 9 March 2015.

Following the entry of notice of appeal, Respondent's appointed appellate counsel, who did not represent him at the commitment *112 hearing, was informed by the court reporting manager for the Administrative Office of the Courts that no transcript of the hearing could be prepared because the recording equipment in the courtroom had failed to record the hearing and there had not been a court reporter present in the courtroom.

Analysis

The sole issue presented in this appeal is whether Respondent is entitled to a new involuntary commitment hearing because the lack of a verbatim transcript from the underlying hearing denied him his right to meaningful appellate review. 1 An order of involuntary commitment is immediately appealable. N.C. Gen. Stat. § 122C-272 (2015). Pursuant to N.C. Gen. Stat. § 122C-268, the respondent is entitled on appeal to obtain a transcript of the involuntary commitment proceeding, which must be provided at the State's expense if the respondent is indigent. N.C. Gen. Stat. § 122C-268(j) (2015).

This Court has very recently dealt with this same issue. See In re Shackleford , --- N.C.App. ----, 789 S.E.2d 15 (2016) ). As we explained in Shackleford , "the unavailability of a verbatim transcript may in certain cases deprive a party of its right to meaningful appellate review and ... in such cases, the absence of the transcript would itself constitute a basis for appeal." See id. at ----, 789 S.E.2d at 18 . The unavailability of a verbatim transcript does not, however, automatically constitute reversible error.

*67 Id. at ----, 789 S.E.2d at 18 . Rather, in order to show that the absence of a verbatim transcript entitles an appellant to a new hearing, he "must demonstrate that the missing recorded evidence resulted in prejudice." Id. at ----, 789 S.E.2d at 18 (citation and quotation marks omitted). Moreover, "[g]eneral allegations of prejudice are insufficient to show reversible error." Id. at ----,

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Related

State v. Lawrence
530 S.E.2d 807 (Supreme Court of North Carolina, 2000)
In Re Hatley
231 S.E.2d 633 (Supreme Court of North Carolina, 1977)
State v. Hobbs
660 S.E.2d 168 (Court of Appeals of North Carolina, 2008)
Keyes v. Dormire
531 U.S. 1083 (Supreme Court, 2001)

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Bluebook (online)
791 S.E.2d 109, 249 N.C. App. 64, 2016 N.C. App. LEXIS 866, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-derrick-woodard-ncctapp-2016.