State v. E.D.

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Civil Commitment
  • Date Filed: 07-03-2014
  • Case #: A150322
  • Judge(s)/Court Below: Ortega, P.J. for the Court; DeVore, J.; & Garrett, J.
  • Full Text Opinion

Under ORS 426.005(1)(e), a single violent act and vague threats are not sufficient to qualify as clear and convincing evidence for the purposes of involuntary civil commitment.

E.D. suffers from schizoaffective disorder for which he voluntarily takes antipsychotic medication. After getting in a fight and making threats, E.D. was summoned to a civil commitment hearing at which point he was committed. E.D. appealed this judgment of involuntary civil commitment, and does not challenge the conclusion that he has a mental disorder. E.D. argued the state did not present clear and convincing evidence that he is a danger to himself and others because of his disorder. The Court held a single violent act and vague threats are not sufficient to qualify as clear and convincing evidence. Reversed

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