In re the Detention of H.N.

355 P.3d 294, 188 Wash. App. 744
CourtCourt of Appeals of Washington
DecidedJuly 6, 2015
DocketNo. 72003-1-I
StatusPublished
Cited by81 cases

This text of 355 P.3d 294 (In re the Detention of H.N.) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re the Detention of H.N., 355 P.3d 294, 188 Wash. App. 744 (Wash. Ct. App. 2015).

Opinion

Cox, J.

¶1 H.N. appeals the order committing her to involuntary treatment. The trial court did not abuse its discretion when it admitted as substantive evidence e-mailed screenshots of text messages that a medical expert used as part of her opinion testimony. The evidence was sufficient to support the trial court’s finding of fact that H.N. posed a likelihood of serious harm to herself. The allegedly improper closing argument of the prosecutor did not violate H.N.’s right to due process. We affirm.

¶2 The material facts are largely undisputed. H.N. is a college student who was less than 21 years of age at the time of the events leading to this case. She worked at part [748]*748time jobs, and she had two roommates who worked with her at one of her jobs.

¶3 After midnight on a night in May 2014, H.N.’s two roommates returned home to discover her unconscious on the floor and lying in a pool of her own vomit. Nearby there was an empty bottle of wine, an empty bottle of NyQuil, and a partially empty bottle of vodka. H.N. briefly awoke but then passed out again. One roommate called 911, and medics responded to the scene.

¶4 Designated mental health professionals involuntarily detained H.N. for treatment on May 3, 2014. Thereafter, the State petitioned for up to 14 days of additional inpatient treatment, pursuant to the involuntary treatment act, chapter 71.05 RCW.

¶5 On May 7, 2014, the court conducted a hearing on the petition. At the hearing, the State presented the testimony of H.N.’s two roommates; H.N.’s best friend, S.T.; and a psychologist who evaluated H.N. at the hospital.

¶6 The psychologist testified as an expert. Part of her testimony was based on what purported to be e-mailed screenshots of text messages between H.N. and her boyfriend, “A.” These messages were exchanged on the night her roommates found her unconscious on the floor, lying in a pool of her vomit. The psychologist read several of these text messages into the record. Over H.N.’s objection on the basis of lack of foundation, the court admitted this evidence.

¶7 H.N. testified on her own behalf but presented no other evidence. She presented no evidence to challenge the authenticity of the e-mailed screenshots of the text messages.

¶8 In closing argument, the prosecutor argued, “[W]hen we kind of peel back the layers and we point out all of the people who are perceived to care greatly about [H.N.], versus who appeared besides [H.N.] herself to advocate for her release, I think that the evidence certainly weighs in [749]*749favor of keeping her in the hospital.”1 Defense counsel did not object.

¶9 After the hearing, the trial court found that H.N. suffered from a mental disorder and presented a likelihood of serious harm to herself. The court entered an order committing H.N. for involuntary treatment for a period of 14 days. The court later entered supplemental findings of fact and conclusions of law.

¶10 H.N. appeals.

MOOTNESS

¶11 A threshold question is whether this case is now moot because the 14-day period of involuntary treatment has passed and this court can no longer give effective relief. The issues before us are of continuing and substantial public interest. Moreover, the involuntary commitment order may have future collateral consequences for H.N. Accordingly, we reach the issues despite this case being technically moot.

¶12 “A case is moot if a court can no longer provide effective relief.”2 As a general rule, an appellate court will not review a moot case.3 But this court may review a moot case if it presents issues of continuing and substantial public interest.4 In deciding whether a case presents issues of continuing and substantial public interest, three factors are determinative: “ ‘(1) whether the issue is of a public or private nature; (2) whether an authoritative determination is desirable to provide future guidance to public officers; and (3) whether the issue is likely to recur’.”5 A fourth factor [750]*750that “may also play a role” is “ ‘the level of genuine adverseness and the quality of advocacy of the issues’.”6 Finally, the court may consider “ ‘the likelihood that the issue will escape review because the facts of the controversy are short-lived’.”7

¶13 “[A]n involuntary commitment order has collateral consequences for future commitment determinations.”8

¶14 Here, there is an important evidentiary issue of first impression in this state — whether the court abused its discretion in admitting e-mailed screenshots of text messages. These text messages served as a primary basis for expert testimony regarding involuntary treatment of an individual. This is an issue of a public nature, an authoritative determination is necessary for the guidance of trial courts, and the issue is likely to recur. And the issue is likely to evade future review due to the 14-day limit of involuntary treatment under the circumstances of cases like this.

¶15 Moreover, the issue of commitment will likely have collateral consequences for H.N. should there be future questions regarding her mental health.

¶16 For these reasons, we reach the issues presented by this technically moot case.

EVIDENTIARY RULING

¶17 H.N. argues that the trial court abused its discretion when it admitted as substantive evidence e-mailed screen-shots of text messages that the State’s expert witness used during her testimony. Because this evidence was properly authenticated pursuant to ER 901(b), we disagree.

[751]*751 ¶18 “Authentication is a threshold requirement designed to assure that evidence is what it purports to be.”9 Under ER 901(a), “The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.”

¶19 Because the proponent must make only a prima facie showing of authenticity for purposes of establishing admissibility, ER 901 is met “if the proponent shows enough proof for a reasonable fact finder to find in favor of authenticity.”10 “ ‘[T]he proponent of offered evidence need not rule out all possibilities inconsistent with authenticity or conclusively prove that evidence is what it purports to be . . . .’11

¶20 “Because under ER 104 authenticity is a preliminary determination, the court may consider evidence that might otherwise be objectionable under other rules.”12 “A trial court may, therefore, rely upon such information as lay opinions, hearsay, or the proffered evidence itself in making its determination.”13 “Such information must be reliable but need not be admissible.”14

¶21 “In making this preliminary determination, the court considers only the evidence offered by the proponent and disregards any contrary evidence offered by the opponent.”15 “Once a prima facie showing has been made, the [752]*752evidence is admissible under ER 901.”16

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Cite This Page — Counsel Stack

Bluebook (online)
355 P.3d 294, 188 Wash. App. 744, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-detention-of-hn-washctapp-2015.