Matter of Troupe

586 P.2d 95, 36 Or. App. 875, 1978 Ore. App. LEXIS 2083
CourtCourt of Appeals of Oregon
DecidedOctober 30, 1978
Docket44867, CA 10337
StatusPublished
Cited by7 cases

This text of 586 P.2d 95 (Matter of Troupe) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Matter of Troupe, 586 P.2d 95, 36 Or. App. 875, 1978 Ore. App. LEXIS 2083 (Or. Ct. App. 1978).

Opinions

[877]*877ROBERTS, J.

Appellant seeks reversal of an order of civil commitment by the circuit court which found him mentally ill beyond a reasonable doubt pursuant to ORS 426.005(2)(a) and (b).1

Appellant is a 24-year-old veteran of the armed services who was a full-time student at Butte College in Chico, California, at the time of his arrest. He had come to Portland, Oregon, to visit with his father whom he had not seen since his parents were divorced 12 years earlier. Appellant arrived with a friend in the early morning hours of Saturday, January 14, 1978, planning to stay only for the weekend. Later that morning he met a young woman who offered to show him the Portland State University campus where she was a student, and appellant was considering transferring. Appellant’s father testified that his son was in and out of the house throughout the weekend.

Although appellant planned to return to California on Monday afternoon, he instead dropped his friend off to hitchhike back to Chico, and returned to his father’s home at about 3 p.m. Prior to his arrest, appellant was last seen by his father on Wednesday, January 18, 1978. On that date appellant went to a car lot in Portland where he requested permission from a salesperson to test drive a Corvette. When told that his jacket was not sufficient security to take the car off the lot, he hastily left the lot office and ran and jumped around the locked Corvette. He returned and argued with the salesperson and told the owner of the lot who was also present that he would be back. He returned a few minutes later in a car and presented the keys as a "deposit” on the Corvette. His request to drive the vehicle was repeatedly refused. Appellant [878]*878returned a few more times, on each occasion acting as if he were present at the lot for the first time. The salesperson testified:

«* * * [AJfter he went out and looked at the car again and came back in, he said, 'I was here yesterday. I have enrolled in the mechanics school now and I would like to buy the car.’ Then, when he came in a few minutes later, he said, T could have got a good deal on this car yesterday. I would like to have it today. Here are my car keys for the down payment.’ ”

The salesperson subsequently attempted to return the keys to appellant, but the two became involved in a verbal dispute. Appellant assumed the posture of a boxer, then relaxed his fists, and then suddenly punched the salesperson in the face. The resultant wound required 12 stitches inside and two outside the victim’s mouth.

The police arrived as the salesman was chasing appellant and appellant was taken into custody. In the police car appellant rambled in his conversation and was not understood by the officer talking with him. Appellant also had difficulty giving and spelling his name, and told the officer that his dog lived with two girls when he was asked for an address. Appellant was taken to the emergency room at the University Hospital North. The officer left appellant at the hospital at approximately 4 p.m. Later that same evening he saw appellant driving a taxicab at a high speed southbound on Interstate Highway 5. The officer attempted to overtake him and was joined in the high speed chase by several other police cars after appellant ignored orders to pull over and stop. The arresting officer’s car was rammed from behind by appellant’s car several times as appellant attempted to elude the pursing police vehicles. Appellant then tried to force the officer’s car toward the right side of the road and into a tractor-trailer truck. The police finally succeeded in stopping appellant and returned him to the hospital. Appellant told the officer that he left the hospital [879]*879because "they” wanted to kill him. One of the officers filed the notification of mental illness.

Appellant raises three assignments of error: first, that there was not sufficient evidence to support the trial court’s finding that appellant was a mentally ill person dangerous to others; second, that the expert examiners did not base their conclusions on a proper understanding of "beyond a reasonable doubt;” third, that the trial court did not sufficiently instruct the examiners on the weight to be given appellant’s assertion of his privilege against self-incrimination. It is appropriate to consider these in reverse order.

At the hearing appellant invoked his Fifth Amendment privilege numerous times thus hindering the psychiatrist and the mental health professional in their questioning. The record shows that appellant objected to questions regarding the incidents of a criminal nature which occurred on January 18, 1978. Although the examiners expressed frustration that their examination could not extend into appellant’s intent or his interpretation of the events, after the court explained the reason for sustaining the objections, the examiners refrained from asking these questions and one even asked appellant’s attorney to inform him when his questions "crossed over the line.” It is clear the examiners were instructed by the court on appellant’s Fifth Amendment privilege and that they not only understood it but respected it. We find no error.

We do not consider the second assignment of error as we determine in this de novo review whether the reasonable doubt test has been met. State v. O’Neill, 274 Or 59, 545 P2d 97 (1976).

The most troublesome issue as we have stated in numerous cases, is whether there was sufficient evidence to support the trial court’s finding that beyond a [880]*880reasonable doubt2 appellant was a mentally ill person dangerous to others.

This court set out the difficulties of finding a person mentally ill beyond a reasonable doubt in State v. Alexander, 26 Or App 943, 554 P2d 524 (1976), and State v. Heintz, 26 Or App 935, 554 P2d 556 (1976) (specially concurring opinion). In reversing a commitment in Alexander, we said:

"It is difficult enough, as in the criminal cases, to identify when the proof of an alleged past act can be said to reach a level of beyond a reasonable doubt. It is, and will be, doubly difficult in the mental illness cases because of the necessity of predicting future conduct. And, in most cases, there will be no overt act involved that may persuasively indicate the likelihood of repetition. Based upon the cases that have thus far reached this court, what will be offered is testimony by lay witnesses of an individual’s past conduct coupled with an interpretation of that conduct and of their observations by the professional examiners (ORS 426.110 and 426.120) and a prediction of not only his future conduct but also the effects which that conduct will have on himself and on those around him. It is not an overstatement to say that such a prediction will rarely, if ever, be completely free from doubt. Psychopathological predictions are simply not, as yet, that exact. (Citations omitted.)
"This is not to say that proof beyond a reasonable doubt is impossible in a civil commitment proceeding. The 1973 amendments altering commitment procedures were designed to enhance procedural safeguards in civil commitment hearings; they certainly were not designed to eliminate completely all civil commitments.” State v.

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Matter of Troupe
586 P.2d 95 (Court of Appeals of Oregon, 1978)

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Bluebook (online)
586 P.2d 95, 36 Or. App. 875, 1978 Ore. App. LEXIS 2083, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-troupe-orctapp-1978.