State v. J.S.

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Civil Commitment
  • Date Filed: 10-24-2012
  • Case #: A148281
  • Judge(s)/Court Below: Brewer, J. for the Court; Schuman, P.J.; and Nakamoto, J.
  • Full Text Opinion

For involuntary commitment cases based on a mental disorder, the state must prove by clear and convincing evidence that the defendant''s mental disorder would cause him to inflict danger to himself or to others in the near future.

The appellant, J.S., appealed the trial court's ruling of involuntary civil commitment and argued that the court erred in ruling that he was a danger to himself. In cases involving commitment of a person with a mental disorder who has not been taking the prescribed medication for their medical condition, the trial court record must show the nature or severity of the physical condition or that the appellant would suffer from their continued refusal to take the prescribed medications. The evidence in this case showed that the appellant stopped taking his medication before being hospitalized, appellant suffered a seizure while in the hospital, the appellant could suffer a fatal heart attack if he failed to continue to take his prescribed medications, and his treating psychiatrist was of the opinion that the appellant would not follow through with treatment if released. Based on this evidence the Court of Appeals held that the trial court did not err in ruling that the appellant posed a danger to himself. Affirmed.

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