State v. CR

173 P.3d 836, 216 Or. App. 395
CourtCourt of Appeals of Oregon
DecidedDecember 5, 2007
Docket050261666 A127867
StatusPublished

This text of 173 P.3d 836 (State v. CR) 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
State v. CR, 173 P.3d 836, 216 Or. App. 395 (Or. Ct. App. 2007).

Opinion

173 P.3d 836 (2007)
216 Or. App. 395

In the Matter of C.R., Alleged to be a Mentally Ill Person.
STATE of Oregon, Respondent,
v.
C.R., Appellant.

050261666; A127867.

Court of Appeals of Oregon.

Argued and Submitted August 10, 2007.
Decided December 5, 2007.

*837 Liza Jane Langford, Portland, argued the cause and filed the brief for appellant.

Paul Crisalli, Certified Law Clerk, argued the cause for respondent. On the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Anna M. Joyce, Assistant Attorney General.

Before EDMONDS, Presiding Judge, and BREWER, Chief Judge, and SERCOMBE, Judge.

EDMONDS, P.J.

Appellant appeals a judgment committing her to the Department of Human Services, Mental Health Division. ORS 426.130. Appellant argues that the trial court erred in concluding that she suffers from a mental disorder and is a danger to herself. On de novo review, State v. Bodell, 120 Or.App. 548, 550, 853 P.2d 841 (1993), we conclude that the state failed to prove by clear and convincing evidence that she is a "mentally ill person" within the meaning of ORS chapter 426. Accordingly, we reverse.

In February 2005, appellant attempted suicide. Five months before the attempt, appellant, a librarian, researched how to commit suicide and obtained the necessary ingredients by ordering them from the Internet. In February, she mixed the concoction pursuant to the instructions that she had obtained from the Internet. Part of those instructions included the consumption of an anti-emetic and alcohol. Appellant ingested approximately three-eighths of the concoction but did not consume any alcohol with it. She then called her boyfriend to tell him that she was committing suicide. Appellant survived the attempt to commit suicide and did not seek medical help. Two days later, however, her boyfriend insisted she go to the hospital because he was afraid that she might have damaged her heart or liver by ingesting the concoction. At the hospital, a psychiatric hold was placed on appellant. While she was held, appellant had difficulty getting along with the hospital staff and was angry at being held against her will.

At appellant's commitment hearing, she admitted to suffering from depression and described the suicide incident as a "very serious" attempt to take her own life. However, when asked whether she thought she was ready to leave the hospital, she explained that she was no longer suicidal:

"I do not think that I am a danger to myself. The suicide attempt was stupid. It was a stupid thing, and I called my boyfriend and told him about it before I did it. (Inaudible) to be interrupted and to please stop.
"I have a life I would like to put back together. I have a job interview tomorrow for a job I really want. I have a 12 dollar an hour contract job with a nonprofit. I'm involved with [a library]. I have a commitment to them, and I would like to go back and fulfill that commitment. I have an appointment with a psychologist I was seeing last year. (Inaudible) she said she would work with me."

When asked why she would not attempt suicide again, she responded, "Fear. Having done it. I never want to do that again." Appellant explained that she had tried to ask for help prior to the attempt by trying to talk to her boyfriend and her friends about how she felt, but that she did not seek out therapy or call a crisis line because she had unhelpful experiences with them in the past. She went on to say that the crisis was over before she went to the emergency room and that she planned on controlling her depression through exercise and counseling.

The two examiners present at the hearing, Dr. McCubbin and Dr. O'Malia, opined that appellant suffered from depression that caused her to be a danger to herself. McCubbin diagnosed her with a "chronic severe depressive order" and a "likely personality disorder stemming from stated [post-traumatic stress disorder]," concluding:

"That she is dangerous to herself and able to care for her basic needs for food, but not for safety or survival. Dangerous to self and unable to provide for the safety and survival."

He also opined, "Her denial and pleasant manner make it difficult to say she is psychotic *838 but in my judgment, suicidal thinking is psychotic, and I see no evidence that it has lifted."[1]

O'Malia diagnosed appellant with depression and a borderline personality disorder, explaining that she was not psychotic,

"I think, given the whole picture, the depression is still there. It is in just a slightly different phase, but she was extremely angry during the hospitalization. She is just now starting medication which I think puts her at an extremely high risk. Unfortunately, anti-depressants are very lethal medications themselves. So if she has a medication available to her, she has just been handed another tool which she really doesn't need. She lives alone. She has admitted to problems with coping with things. And just because people are intelligent, that doesn't mean they are born knowing how to handle their problems. She is not involved with anybody at this time. She has a distrust of organized medication. She has self-discontinued her meds in the past. This attempt was so organized, we are just talking a few days ago, and when she woke up and discovered that she was still alive, she wept. I think that's not gone away in just a few days. I think she is at extremely high risk."

Although the trial court believed appellant was trying to be truthful, it explicitly relied on the examiners' opinions in committing appellant:

"Here is the situation. * * * [T]oday [appellant] is certainly presenting as a very intelligent person. Certainly, her responses today have been rational and they have not been psychotic. I must acknowledge that * * * she certainly has a plan. There is food, clothing, and shelter, that's not an issue.
"As I said before, the explanations certainly appear to be rational. However, I get to this one point that is sort of a hinge point and that is, do I believe [appellant] when she says she is not suicidal. I certainly believe that she is trying to tell me the truth, but at that point, of course, my lay abilities break down somewhat and certainly the Court does believe that there is a great need to turn to the medical professionals and mental health professionals who are here with me today.
"* * * * *
"I am going to adopt their findings and conclusions and incorporate them in my final decision."

To be involuntarily committed to the Department of Human Services, a person must be found "mentally ill." ORS 426.130(1)(b)(C). A person who is "mentally ill" includes one "who, because of a mental disorder, is * * * [d]angerous to self or others." ORS 426.005(1)(d)(A). Proof that a person is mentally ill must be established by clear and convincing evidence. ORS 426.130(1)(b).

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Related

State v. Bodell
853 P.2d 841 (Court of Appeals of Oregon, 1993)
State v. Evjen
826 P.2d 92 (Court of Appeals of Oregon, 1992)
State v. Ayala
991 P.2d 1100 (Court of Appeals of Oregon, 1999)
State v. Roberts
52 P.3d 1123 (Court of Appeals of Oregon, 2002)
State v. Simon
42 P.3d 374 (Court of Appeals of Oregon, 2002)
State v. C. R.
173 P.3d 836 (Court of Appeals of Oregon, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
173 P.3d 836, 216 Or. App. 395, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-cr-orctapp-2007.