People v. Louis S.

838 N.E.2d 218, 361 Ill. App. 3d 763, 297 Ill. Dec. 731, 2005 Ill. App. LEXIS 1093
CourtAppellate Court of Illinois
DecidedOctober 31, 2005
Docket4-05-0085
StatusPublished
Cited by22 cases

This text of 838 N.E.2d 218 (People v. Louis S.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Louis S., 838 N.E.2d 218, 361 Ill. App. 3d 763, 297 Ill. Dec. 731, 2005 Ill. App. LEXIS 1093 (Ill. Ct. App. 2005).

Opinions

JUSTICE TURNER

delivered the opinion of the court:

On December 27, 2004, a petition for the involuntary admission of respondent, Lpuis S., was filed pursuant to section 3 — 701 of the Mental Health and Developmental Disabilities Code (Mental Health Code) (405 ILCS 5/3 — 701 (West 2004)). After a January 21, 2005, hearing, the trial court ordered respondent hospitalized in a Department of Mental Health and Developmental Disabilities (Department) facility for 90 days.

Respondent appeals, contending (1) his procedural due-process rights were violated, (2) the State failed to prove by clear and convincing evidence that his involuntary admission was warranted, (3) the report required by section 3 — 810 of the Mental Health Code (405 ILCS 5/3 — 810 (West 2004)) (a) did not comply with statutory requirements and (b) was not considered by the trial court, and (4) the court’s hospitalization order was manifestly erroneous. We reverse.

I. BACKGROUND

Peggy S., respondent’s wife and guardian, signed the December 27, 2004, petition and asserted respondent was mentally ill and due to his mental illness was reasonably expected to inflict serious physical harm upon himself or another in the near future. The same day the petition was filed, the trial court entered an order, requiring respondent to submit to an examination at Memorial Medical Center (Memorial) that day. The court also entered an order for a peace officer to take respondent to Memorial for the examination. The circuit clerk entered a writ in compliance with the court’s order. A peace officer did take respondent to Memorial, and respondent was examined on December 27, 2004.

On December 28, 2004, a medical certificate by Dr. Turner was filed that stated he or she believed respondent was subject to involuntary admission and in need of immediate hospitalization. On December 29, 2004, Dr. Richard B. Alexander’s medical certificate that reached the same conclusion was filed. That same day, the trial court set a hearing on the petition for January 7, 2005.

On January 6, 2005, a notice of change in status was filed, indicating respondent had been transferred to Andrew McFarland Mental Health Center (McFarland) on January 5, 2005. On January 7, 2005, the trial court entered an order, setting respondent’s hearing for January 14, 2005. The docket entry indicates the continuance was by agreement of the parties. That same day, Dr. Juan Medina filed a medical certificate. On January 11, 2005, Dr. Brad Hughes filed a medical certificate. On January 14, 2005, the trial court entered an order, setting respondent’s hearing for January 21, 2005. The record does not indicate why the hearing was continued to January 21, 2005.

At the January 21, 2005, hearing, Dr. Hughes testified he had evaluated respondent on January 5 and 10, 2005. At the January 5 evaluation, respondent demonstrated paranoid and grandiose delusions, which are signs of mental illness. Some of the delusions Dr. Hughes noted were respondent indicated (1) he worked for the secret service and the Navy, (2) Peggy had her daughter raped, and (3) the McFarland staff had raped him during a previous admission. Besides evaluating respondent, Dr. Hughes examined Peggy’s statements in her petition and respondent’s past medical records from Memorial, a prior stay at McFarland from November 19 to December 9, 2004, and a hospitalization at St. John’s Hospital. Based on all of the above information, Dr. Hughes diagnosed respondent with bipolar disorder. In his opinion, respondent posed a significant risk of harm to Peggy based on the level of paranoid delusions involving her. Dr. Hughes found respondent to be in need of treatment and formulated a plan for him. Dr. Hughes opined McFarland was the least-restrictive alternative for respondent and recommended a commitment period of 90 days.

During Dr. Hughes’ testimony, the trial court admitted for dispositional purposes only a comprehensive physical, psychiatric, and social investigation report for respondent. Peggy, respondent’s wife of 24 years, testified that the day before she signed the December 27, 2004, petition, respondent informed her that he was having trouble controlling himself. When she asked him what that meant, he stated “murder.” He then got up and got a paring knife and began walking slowly toward her. Peggy stated respondent did not have the knife pointed at her, but he was “like a zombi almost” with rage in his eyes. He did the same thing with a butcher knife and then held a fireplace poker at her. She called the police because she felt threatened by his statement.

Peggy further testified that respondent was paranoid against her. He accused her of having affairs, murdering his “girlfriend,” and having her daughter raped. According to Peggy, respondent had stopped taking his medication because he did not believe he needed it anymore. If respondent was returned home, she would be fearful to return home. She described respondent as “unpredictable.”

Respondent testified he did not threaten Peggy. He admitted he had kicked her in the past but that was because she was “scratching his eyes out.”

After hearing all of the evidence, the trial court found (1) respondent suffered from a mental illness, (2) he was a risk of harm to Peggy, (3) he needed treatment, and (4) hospitalization was the least-restrictive alternative at that time. The court then committed respondent for 90 days. This appeal followed.

II. ANALYSIS

A. Mootness

The State asserts respondent’s arguments are moot since the 90 days of commitment have expired. Respondent agrees the 90 days are over but asserts we should consider his arguments under an exception to the mootness doctrine.

Our supreme court has recognized an exception to the mootness doctrine when the case involves an event of short duration that is “ ‘capable of repetition, yet evading review.’ ” In re Barbara H., 183 Ill. 2d 482, 491, 702 N.E.2d 555, 559 (1998), quoting In re A Minor, 127 Ill. 2d 247, 258, 537 N.E.2d 292, 296 (1989). To qualify for this exception, the challenged action must be (1) too short in its duration to be fully litigated prior to becoming moot and (2) the cause must demonstrate a reasonable expectation the same complaining party would be subjected to the same action again. Barbara H., 183 Ill. 2d at 491, 702 N.E.2d at 559.

For an initial involuntary hospitalization order, the maximum commitment is 90 days, after which a new petition must be filed, a new hearing held, and a new order entered by the court. See 405 ILCS 5/3 — 813(a) (West 2004). Here, respondent’s 90-day commitment order expired prior to our review. Further, respondent does have a long history of mental illness and a history of prior involuntary hospitalizations, and thus it is reasonable to expect the same action that was taken against him here might be undertaken again. Thus, we will address those issues that are susceptible to repetition. See In re Maher, 314 Ill. App.

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Bluebook (online)
838 N.E.2d 218, 361 Ill. App. 3d 763, 297 Ill. Dec. 731, 2005 Ill. App. LEXIS 1093, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-louis-s-illappct-2005.