State v. T.W.

• Court: Oregon Court of Appeals
• Area(s) of Law: Civil Commitment
• Date Filed: 04-06-2016
• Case #: A158040
• Judge(s)/Court Below: Ortega, P.J. for the Court; Lagesen, J.; & Garrett, J.

Failure to inform an allegedly mentally ill individual of the possible results of a hearing and of the individual’s right to subpoena witnesses is plain error.

T.W. appealed and sought reversal of the trial court’s order committing him to the Oregon Health Authority because the trial court failed to inform him of certain rights under ORS 426.100(1). The Court held that the trial court’s failure to comply with ORS 426.130(1) constituted plain error because, as held in State v. Ritzman, 192 Or. App. 296, 298 (2004), knowingly or voluntarily failing to advise an allegedly mentally ill person of their rights under ORS 426.100(1) constitutes plain error. Reversed.

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