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State v. English

554 P.2d 201, 26 Or. App. 957, 1976 Ore. App. LEXIS 1911
CourtCourt of Appeals of Oregon
DecidedSeptember 27, 1976
DocketNo. MI 42210, CA 5615
StatusPublished
Cited by4 cases

This text of 554 P.2d 201 (State v. English) 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. English, 554 P.2d 201, 26 Or. App. 957, 1976 Ore. App. LEXIS 1911 (Or. Ct. App. 1976).

Opinion

PER CURIAM.

The determination and order of commitment in this mental illness proceeding must be reversed and remanded because the probate court took judicial notice of a court file in a previous commitment hearing involving English. This is error. State v. O’Neill, 274 Or 59, 545 P2d 97 (1976).

It has been suggested that on a de novo review this court can ignore the file. The trouble is that it is impossible to segregate how much of the information in that file was utilized by the examining physicians in forming their opinions and by the court in reaching its decision.

Reversed and remanded.

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Related

Matter of Fry
584 P.2d 354 (Court of Appeals of Oregon, 1978)
State v. Watkins
581 P.2d 90 (Court of Appeals of Oregon, 1978)
State v. May
554 P.2d 201 (Court of Appeals of Oregon, 1976)

Cite This Page — Counsel Stack

Bluebook (online)
554 P.2d 201, 26 Or. App. 957, 1976 Ore. App. LEXIS 1911, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-english-orctapp-1976.