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State v. Montgomery

934 P.2d 640, 147 Or. App. 69, 1997 Ore. App. LEXIS 271
CourtCourt of Appeals of Oregon
DecidedMarch 12, 1997
Docket960666214; CA A93877
StatusPublished
Cited by9 cases

This text of 934 P.2d 640 (State v. Montgomery) 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. Montgomery, 934 P.2d 640, 147 Or. App. 69, 1997 Ore. App. LEXIS 271 (Or. Ct. App. 1997).

Opinion

PER CURIAM

Appellant seeks reversal of an order continuing his commitment to the Mental Health Division. The state concedes that appellant was not advised of all of his rights pursuant to ORS 426.303 and that the failure to give the advice requires reversal. We agree with the state and appellant that in a proceeding for the continuation of a commitment, the alleged mentally ill person must be advised of the rights identified in ORS 426.301 and that, as with a failure to advise a person of his or her rights pursuant to ORS 426.100 in an initial commitment proceeding, the failure to give the advice is reversible error.

Reversed and remanded for a new trial.

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In the Matter of Montgomery
934 P.2d 640 (Court of Appeals of Oregon, 1997)

Cite This Page — Counsel Stack

Bluebook (online)
934 P.2d 640, 147 Or. App. 69, 1997 Ore. App. LEXIS 271, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-montgomery-orctapp-1997.