- Court: Oregon Court of Appeals
- Area(s) of Law: Civil Commitment
- Date Filed: 11-09-2016
- Case #: A158141
- Judge(s)/Court Below: Garret, J. for the Court; Lagesen, J.; & Ortega, P.J.
- Full Text Opinion
Appellant sought reversal of a judgment by the trial court civilly committing him to the state mental health authority for a period of less than 180 days. Appellant assigned error to the trial court’s findings that he was (1) dangerous to others; and (2) unable to meet his own basic health and safety needs. Appellant argued that the state failed to establish either ground by clear and convincing evidence. The state argued that the Court ought to affirm the evidentiary sufficiency of the lower court’s findings. Reviewing the evidence on the record for legal sufficiency, the Court found that based on the criteria for making findings under ORS 426.005(1)(f)(A),(B) set out in State v. M. R., 225 Or App 569 (2009), the trial court had erred in both of its principal findings, namely that the appellant was dangerous to others and was unable to meet his own basic health and safety needs. Reversed.