State v. R. L. W.

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Civil Commitment
  • Date Filed: 12-24-2014
  • Case #: A154392
  • Judge(s)/Court Below: Duncan, P.J. for the Court; Lagesen, J; and Flynn, J.
  • Full Text Opinion

Pursuant to ORS 427.290, the State must prove, by clear and convincing evidence, that a person has an intellectual disability so that he is incapable of caring for himself or is a danger to himself or to others.

Appellant appeals the circuit court’s decision to commit him to the custody of the Oregon Department of Human Services, arguing that there is insufficient evidence in the record. After reviewing the record, the Court determined that there was sufficient evidence upon which the circuit court could have based its judgment despite the state’s concession that the evidence was insufficient. Affirmed.

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