State v. J.S.

• Court: Oregon Court of Appeals
• Area(s) of Law: Evidence
• Date Filed: 10-07-2015
• Case #: A157390
• Judge(s)/Court Below: Per Curiam; Duncan, P.J.; DeVore, J.; Flynn,J.

ORS 426.005(1)(e)(B) provides that for a person to be involuntarily committed there must be evidence that the person is unable to provide basic personal needs and is not already receiving such care.

Defendant sought reversal of the trial court's civil commitment of Defendant on the basis of mental illness. Defendant argued that the record did not establish that he is unable to provide for his basic personal needs because of a mental disorder. The State conceded that the evidence was legally insufficient for involuntary commitment and that the judgment should be reversed. The Court agreed. Reversed.

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