State v. T. B.

Court of Appeals of Oregon

State v. T. B.

466 P.3d 1067, 304 Or. App. 856

CourtCourt of Appeals of Oregon

DecidedJune 17, 2020

DocketA172954

StatusPublished

This text of 466 P.3d 1067 (State v. T. B.) 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. T. B., 466 P.3d 1067, 304 Or. App. 856 (Or. Ct. App. 2020).

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Opinion

Submitted May 1, reversed June 17, 2020

In the Matter of T. B., a Person Alleged to have Mental Illness. STATE OF OREGON, Respondent, v. T. B., Appellant. Marion County Circuit Court 19CC03345; A172954 466 P3d 1067

Heidi O Strauch, Judge pro tempore. Joseph R. DeBin and Multnomah Defenders, Inc., filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Rebecca M. Auten, Assistant Attorney General, filed the brief for respondent. Before DeVore, Presiding Judge, and DeHoog, Judge, and Mooney, Judge. PER CURIAM Reversed. Cite as 304 Or App 856 (2020) 857

PER CURIAM Appellant seeks reversal of a judgment continu- ing her commitment to the Oregon Health Authority for a period not to exceed 180 days. ORS 426.307. Appellant con- tends that the trial court erred because the record does not contain clear and convincing evidence that, due to a mental disorder, she was unable to provide for her basic needs. ORS 426.005(1)(f)(B). The state concedes that the evidence is legally insufficient to support appellant’s continued commit- ment and that the judgment should be reversed. We agree, accept the state’s concession, and reverse the judgment of continued commitment. Reversed.

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Submitted May 1, reversed June 17, 2020

In the Matter of T. B., a Person Alleged to have Mental Illness. STATE OF OREGON, Respondent, v. T. B., Appellant. Marion County Circuit Court 19CC03345; A172954 466 P3d 1067

Heidi O Strauch, Judge pro tempore. Joseph R. DeBin and Multnomah Defenders, Inc., filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Rebecca M. Auten, Assistant Attorney General, filed the brief for respondent. Before DeVore, Presiding Judge, and DeHoog, Judge, and Mooney, Judge. PER CURIAM Reversed. Cite as 304 Or App 856 (2020) 857

PER CURIAM Appellant seeks reversal of a judgment continu- ing her commitment to the Oregon Health Authority for a period not to exceed 180 days. ORS 426.307. Appellant con- tends that the trial court erred because the record does not contain clear and convincing evidence that, due to a mental disorder, she was unable to provide for her basic needs. ORS 426.005(1)(f)(B). The state concedes that the evidence is legally insufficient to support appellant’s continued commit- ment and that the judgment should be reversed. We agree, accept the state’s concession, and reverse the judgment of continued commitment. Reversed.

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Bluebook (online)

466 P.3d 1067, 304 Or. App. 856, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-t-b-orctapp-2020.

Opinion

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