State v. T. W.

Multnomah County Circuit Court, Oregon

State v. T. W.

379 P.3d 841, 278 Or. App. 819

CourtMultnomah County Circuit Court, Oregon

DecidedJune 15, 2016

Docket14C22619; A159770

StatusPublished

This text of 379 P.3d 841 (State v. T. W.) is published on Counsel Stack Legal Research, covering Multnomah County Circuit Court, 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. W., 379 P.3d 841, 278 Or. App. 819 (Or. Super. Ct. 2016).

Pincite

Opinion

PER CURIAM

Appellant seeks reversal of an order that, under ORS 426.130(l)(a)(C), committed him to the Oregon Health Authority for a period not to exceed 180 days based on the trial court’s determination that, because of a mental disorder, he was unable to provide for his basic personal needs. Former ORS 426.005(l)(e)(B) (2013), amended by Or Laws 2015, ch 461, § 1, renumbered as ORS 426.005(l)(f)(B) (2015) (“‘Person with mental illness’ means a person who, because of a mental disorder, is * * * [u]nable to provide for basic personal needs and is not receiving such care as is necessary for health or safety.”). Appellant asserts, and the state concedes, that the evidence was insufficient to support the trial court’s determination. ORS 426.130(l)(a)(C); see State v. D. M., 245 Or App 466, 470, 263 P3d 1086 (2011) (“In order to civilly commit a person, the state must prove, by clear and convincing evidence, that the person is mentally ill.”). We agree, accept the state’s concession, and reverse.

Reversed.

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PER CURIAM

Appellant seeks reversal of an order that, under ORS 426.130(l)(a)(C), committed him to the Oregon Health Authority for a period not to exceed 180 days based on the trial court’s determination that, because of a mental disorder, he was unable to provide for his basic personal needs. Former ORS 426.005(l)(e)(B) (2013), amended by Or Laws 2015, ch 461, § 1, renumbered as ORS 426.005(l)(f)(B) (2015) (“‘Person with mental illness’ means a person who, because of a mental disorder, is * * * [u]nable to provide for basic personal needs and is not receiving such care as is necessary for health or safety.”). Appellant asserts, and the state concedes, that the evidence was insufficient to support the trial court’s determination. ORS 426.130(l)(a)(C); see State v. D. M., 245 Or App 466, 470, 263 P3d 1086 (2011) (“In order to civilly commit a person, the state must prove, by clear and convincing evidence, that the person is mentally ill.”). We agree, accept the state’s concession, and reverse.

Reversed.

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Bluebook (online)

379 P.3d 841, 278 Or. App. 819, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-t-w-orccmultnomah-2016.

Opinion

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