State v. L.R.

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Civil Commitment
  • Date Filed: 02-08-2017
  • Case #: A156780
  • Judge(s)/Court Below: Egan, J. for the Court; Armstrong, P.J.; & Hadlock, C.J.
  • Full Text Opinion

Under ORS 426.130(1)(a)(C), threats alone are insufficient to establish that a person is a danger to others due to a mental disorder.

Appellant sought reversal of a judgment that ordered his involuntary commitment to the Oregon Health Authority under ORS 426.130(1)(a)(C). Appellant argued that the record did not show by clear and convincing evidence that Appellant was a danger to others due to a mental disorder. Under ORS 426.130(1)(a)(C), threats alone are insufficient evidence to establish that a person is a danger to others due to a mental disorder. In this case, Appellant was committed based upon threats he made during two instances of police contact. In those instances, Appellant threatened violence against others, but did not actually commit any violent acts. His threats were broad and vague in nature. The Court of Appeals determined the evidence presented at Appellant's involuntary commitment hearing was legally insufficient to commit the Appellant. Reversed 

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