State Ex Rel. Lcf

96 S.W.3d 651, 2003 WL 68043
CourtCourt of Appeals of Texas
DecidedJanuary 9, 2003
Docket08-02-00360-CV
StatusPublished

This text of 96 S.W.3d 651 (State Ex Rel. Lcf) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Ex Rel. Lcf, 96 S.W.3d 651, 2003 WL 68043 (Tex. Ct. App. 2003).

Opinion

96 S.W.3d 651 (2003)

The STATE of Texas for the Best Interest and Protection of L.C.F.

No. 08-02-00360-CV.

Court of Appeals of Texas, El Paso.

January 9, 2003.

*653 Rene Ordonez, Delgado, Acosta, Braden & Jones, P.C., El Paso, for appellant.

Donna J. Snyder, Assistant County Attorney, El Paso, for appellee.

Before Panel No. 3 BARAJAS, C.J., LARSEN, and CHEW, JJ.

OPINION

SUSAN LARSEN, Justice.

Appellant L.C.F. appeals from a judgment ordering his commitment for temporary in-patient mental health services. We affirm.

Facts

On the evening of August 5, 2002, Officer Gabriel Aguirre of the El Paso Police Department was dispatched to the 10,000 block of Tapier in El Paso, Texas. There he learned that earlier in the evening, the twenty-year-old appellant L.C.F. had entered a neighbor's house without permission, stating that rap singer Eminem was after him and was going to kill him. After being escorted from the house, appellant then ran down the street, collapsed, and then crawled underneath a parked car. The neighbor stated that he did not see anyone chasing appellant. Eventually, appellant crawled from under the car, ran back to his house, and entered his residence.

After Officer Aguirre interviewed appellant's neighbor, he went to check on appellant. When the officer knocked on the door, appellant answered and was "extremely out of breath, breathing heavily, sweating profusely." The officer understood appellant to first be telling him that everything was fine, but later in their conversation, appellant told Officer Aguirre that somebody was after him and was going to kill him. Appellant could not provide any details. The officer then left the house, spoke again with the neighbor, and notified his supervisor. Officer Aguirre returned to appellant, who at that point was "a little bit more verbal, completing more sentences." In the house, Officer Aguirre checked the kitchen area for weapons or signs of drugs or pills. In the kitchen, he noticed plates with spoiled food that seemed to him an unhealthy environment. Officer Aguirre also testified that appellant was "very, very thirsty, very, very thirsty."[1]

After his supervisor arrived, Officer Aguirre explained the situation to him. Appellant could not give them a name to contact. Appellant's mother was out-of-town for the weekend. At that point, the officer and the supervisor determined that appellant needed to be "detained for his own safety as well as the safety of others, specifically for his care and well-being."

*654 Appellant's mother testified that when she arrived at the El Paso Psychiatric Center to visit appellant, he told her that Eminem had come to the house, that Eminem wanted to kill him, and that Eminem had been shooting in the house, that he escaped and went to the neighbor for help. She also testified that appellant had used marijuana in the past. His mother attributed his behavior to the use of illegal drugs. Appellant has no history of psychiatric treatment.

On the evening of August 5, 2002, Dr. Gaafar Ahmed applied for temporary court-ordered mental health services of appellant. That request was granted. On August 7, applications for court-ordered mental health services and emergency detention were filed by Dr. Ahmed and Officer Aguirre. Certificates of medical examination suggesting the commitment were filed by two doctors, Dr. Ahmed, M.D., and Dr. Nicolas Baida Frojoso, M.D. Both doctors diagnosed appellant with psychotic and delusional disorders. A recommendation for court-ordered mental health services not to exceed ninety days was also filed by Christina Calderon, LPC, of the El Paso Community Mental Health & Mental Retardation Center.

At the hearing on the mental health application, in addition to Officer Aguirre and appellant's mother, Dr. Syed Qasim, M.D. testified as an expert witness. Dr. Qasim is a resident in his second month of a four-year program in clinical psychiatry at Texas Tech University. After being taken on voir dire, counsel for the appellant challenged Dr. Qasim as an expert in the case "because of his lack of training, his lack of board certification under Daubert he does not fulfill all the necessary elements to be qualified as an expert in the field of psychiatry." After the State established that Dr. Qasim had passed the licensing exams to practice medicine in the U.S. and that he had been certified as an expert in the courts of Pakistan over 100 times to testify on psychiatric issues, the court allowed Dr. Qasim to testify as an expert.

Mootness doctrine does not apply

Appellant has been released from the commitment at issue and is now receiving treatment on an out-patient basis. Nevertheless, this Court maintains jurisdiction to hear this appeal. An appeal of an order for involuntary mental health services is not moot even if the patient has been released before the appeal is heard. State v. Lodge, 608 S.W.2d 910 (Tex.1980); Holliman v. State, 762 S.W.2d 656, 657 (Tex.App.-Texarkana 1988, no writ). We therefore turn to the merits of L.C.F.'s appeal.

Qualification of Dr. Qasim as an expert

Appellant's first issue contends that the trial court erred in accepting Dr. Syed Qasim as an expert in the field of psychiatry. His first subpoint is that the State failed to present a witness properly qualified to provide expert testimony in the field of psychiatry.

We review the trial court's acceptance of a witness's qualifications as an expert for abuse of discretion. Gammill v. Jack Williams Chevrolet, Inc., 972 S.W.2d 713, 718-19 (Tex.1998). The test for an abuse of discretion is not whether, in our view, the facts present an appropriate case for the trial court's action. Instead, the court of appeals determines whether the court acted without reference to any guiding rules and principles. Coots v. Leonard, 959 S.W.2d 299, 301 (Tex.App.-El Paso 1997, no pet.) (citing Craddock v. Sunshine Bus Lines, Inc., 134 Tex. 388, 133 S.W.2d 124, 126 (1939)). In other words, the court of appeals looks to whether *655 the trial court's act was arbitrary or unreasonable. Id. (citing Smithson v. Cessna Aircraft Co., 665 S.W.2d 439, 443 (Tex.1984); Landry v. Travelers Insurance Co., 458 S.W.2d 649, 651 (Tex.1970)).

Rule 702 of the Texas Rules of Evidence permits a witness qualified as an expert by knowledge, skill, experience, training, or education to testify on scientific, technical, or other specialized subjects if the testimony would assist the trier of fact in understanding the evidence or determining a fact issue. Tex.R. Evid. 702. Whether a witness is properly qualified as an expert is a preliminary question to be decided by the trial court. Gammill, 972 S.W.2d at 718. The party offering the witness bears the burden of proving that the witness possesses "special knowledge as to the very matter on which he proposes to give an opinion." Id. (citing Broders v.

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Related

Smithson v. Cessna Aircraft Co.
665 S.W.2d 439 (Texas Supreme Court, 1984)
In the Best Interest & Protection of G.B.R.
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Landry v. Travelers Insurance Company
458 S.W.2d 649 (Texas Supreme Court, 1970)
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Moss v. State
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Coots v. Leonard
959 S.W.2d 299 (Court of Appeals of Texas, 1997)
America West Airlines, Inc. v. Tope
935 S.W.2d 908 (Court of Appeals of Texas, 1996)
Broussard v. State
827 S.W.2d 619 (Court of Appeals of Texas, 1992)
Mezick v. State
920 S.W.2d 427 (Court of Appeals of Texas, 1996)
State v. Lodge
608 S.W.2d 910 (Texas Supreme Court, 1980)
Broders v. Heise
924 S.W.2d 148 (Texas Supreme Court, 1996)
Gammill v. Jack Williams Chevrolet, Inc.
972 S.W.2d 713 (Texas Supreme Court, 1998)
Holliman v. State
762 S.W.2d 656 (Court of Appeals of Texas, 1988)
Craddock v. Sunshine Bus Lines, Inc.
133 S.W.2d 124 (Texas Supreme Court, 1939)
State for Best Interest of L.C.F.
96 S.W.3d 651 (Court of Appeals of Texas, 2003)

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96 S.W.3d 651, 2003 WL 68043, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-lcf-texapp-2003.