State v. N. H.

Court of Appeals of Oregon

State v. N. H.

451 P.3d 1027, 300 Or. App. 575

CourtCourt of Appeals of Oregon

DecidedNovember 14, 2019

DocketA169596

StatusPublished

This text of 451 P.3d 1027 (State v. N. H.) 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. N. H., 451 P.3d 1027, 300 Or. App. 575 (Or. Ct. App. 2019).

Pincite

Opinion

Submitted July 5, reversed November 14, 2019

In the Matter of N. H., a Person Alleged to have Mental Illness. STATE OF OREGON, Respondent, v. N. H., Appellant. Marion County Circuit Court 18CC02710; A169596 451 P3d 1027

Michael Newman, Senior Judge. Alexander C. Cambier and Multnomah Defenders, Inc., filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Patrick M. Ebbett, Assistant Attorney General, filed the brief for respondent. Before Armstrong, Presiding Judge, and Tookey, Judge, and Aoyagi, Judge. PER CURIAM Reversed. 576 State v. N. H.

PER CURIAM Appellant challenges the order continuing appel- lant’s commitment to the Oregon Health Authority for a period not to exceed 180 days. ORS 426.301; ORS 426.303; ORS 426.307. Appellant contends that the trial court erred because the record lacks clear and convincing evidence that appellant continues to be a person with a mental ill- ness who is in need of further treatment. ORS 426.307; ORS 426.005(1)(f) (defining “person with mental illness”). The state concedes that the evidence was legally insufficient to support appellant’s continued commitment and that the order should be reversed. We agree and accept the state’s concession. Consequently, we reverse the order of continued commitment. Reversed.

Free access — add to your briefcase to read the full text and ask questions with AI

Submitted July 5, reversed November 14, 2019

In the Matter of N. H., a Person Alleged to have Mental Illness. STATE OF OREGON, Respondent, v. N. H., Appellant. Marion County Circuit Court 18CC02710; A169596 451 P3d 1027

Michael Newman, Senior Judge. Alexander C. Cambier and Multnomah Defenders, Inc., filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Patrick M. Ebbett, Assistant Attorney General, filed the brief for respondent. Before Armstrong, Presiding Judge, and Tookey, Judge, and Aoyagi, Judge. PER CURIAM Reversed. 576 State v. N. H.

PER CURIAM Appellant challenges the order continuing appel- lant’s commitment to the Oregon Health Authority for a period not to exceed 180 days. ORS 426.301; ORS 426.303; ORS 426.307. Appellant contends that the trial court erred because the record lacks clear and convincing evidence that appellant continues to be a person with a mental ill- ness who is in need of further treatment. ORS 426.307; ORS 426.005(1)(f) (defining “person with mental illness”). The state concedes that the evidence was legally insufficient to support appellant’s continued commitment and that the order should be reversed. We agree and accept the state’s concession. Consequently, we reverse the order of continued commitment. Reversed.

Cite This Page — Counsel Stack

Bluebook (online)

451 P.3d 1027, 300 Or. App. 575, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-n-h-orctapp-2019.

Opinion

Related

Cite This Page — Counsel Stack