State v. L.D.

A person with a mental illness is a person who is a danger to themselves because of their mental disorder. ORS 426.005(1)(f)(A).

Appellant appealed a judgement that committed her for 180 days to the Oregon Health Authority. Appellant assigned error to the trial court’s ruling that she was a danger to herself. On appeal, the appellant argued that this case is similar to State v. S.R.J., 281 OR App 741 (2016), in which the court concluded that “delusional interactions with traffic” were not enough to find a dangerousness to self. In response, the State argued that the appellant expressed desire to die by running into traffic and made specific attempts to do so. A person with a mental illness is a person who is a danger to themselves because of their mental disorder. ORS 426.005(1)(f)(A). The Court found that the trial court correctly ruled that the appellant’s intentional ideas, plans, and actions to take her own life in addition to her recent physical attempt to do so was sufficient to find that she presented a danger to herself. Affirmed.