State v. K. J. C.

Court of Appeals of Oregon

State v. K. J. C.

450 P.3d 1034, 300 Or. App. 400

CourtCourt of Appeals of Oregon

DecidedOctober 30, 2019

DocketA170535

StatusPublished

Cited by7 cases

This text of 450 P.3d 1034 (State v. K. J. C.) 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. K. J. C., 450 P.3d 1034, 300 Or. App. 400 (Or. Ct. App. 2019).

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Opinion

Submitted September 6, reversed October 30, 2019

In the Matter of K. J. C., a Person Alleged to have Mental Illness. STATE OF OREGON, Respondent, v. K. J. C., Appellant. Clackamas County Circuit Court 19CC01160; A170535 450 P3d 1034

Michael C. Wetzel, Judge. Alexander C. Cambier and Multnomah Defenders, Inc., filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Christopher A. Perdue, Assistant Attorney General, filed the brief for respondent. Before Lagesen, Presiding Judge, and DeVore, Judge, and Powers, Judge. PER CURIAM Reversed. Cite as 300 Or App 400 (2019) 401

PER CURIAM Appellant seeks reversal of an order committing him to the custody of the Mental Health Division for a period not to exceed 180 days on the ground that he is unable to provide for his basic personal needs and is not receiving care necessary to avoid serious physical harm in the near future. See ORS 426.005(1)(f)(B). He challenges the sufficiency of the state’s evidence to support the court’s basic-needs deter- mination. The state concedes that the record is legally insuf- ficient in that regard and that the commitment order should be reversed. We agree and accept the state’s concession. Reversed.

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Submitted September 6, reversed October 30, 2019

In the Matter of K. J. C., a Person Alleged to have Mental Illness. STATE OF OREGON, Respondent, v. K. J. C., Appellant. Clackamas County Circuit Court 19CC01160; A170535 450 P3d 1034

Michael C. Wetzel, Judge. Alexander C. Cambier and Multnomah Defenders, Inc., filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Christopher A. Perdue, Assistant Attorney General, filed the brief for respondent. Before Lagesen, Presiding Judge, and DeVore, Judge, and Powers, Judge. PER CURIAM Reversed. Cite as 300 Or App 400 (2019) 401

PER CURIAM Appellant seeks reversal of an order committing him to the custody of the Mental Health Division for a period not to exceed 180 days on the ground that he is unable to provide for his basic personal needs and is not receiving care necessary to avoid serious physical harm in the near future. See ORS 426.005(1)(f)(B). He challenges the sufficiency of the state’s evidence to support the court’s basic-needs deter- mination. The state concedes that the record is legally insuf- ficient in that regard and that the commitment order should be reversed. We agree and accept the state’s concession. Reversed.

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Bluebook (online)

450 P.3d 1034, 300 Or. App. 400, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-k-j-c-orctapp-2019.

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