State v. C.P.

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Civil Commitment
  • Date Filed: 04-14-2021
  • Case #: A169473
  • Judge(s)/Court Below: Powers, J. for the Court; Lagesen, P.J.; & Egan, C.J.
  • Full Text Opinion

Under ORS 427.245(1), “for a person held under a warrant of detention, the hearing must occur within seven judicial days after the court issues a citation.”

Appellant was civilly committed for no longer than 1 year. Appellant asserted that the trial court committed reversible plain error through three procedural challenges: trial court having a hearing though it was not “within seven judicial days of the warrant of detention;” appellant did not receive a citation within 24 hours of hearing; and the warrant issued did not state appellant had a right to counsel. Under ORS 427.245(1), “for a person held under a warrant of detention, the hearing must occur within seven judicial days after the court issues a citation.” The court found that no plain error was committed because the trial court had a hearing in the proper timeframe based on when appellant was issued the citation. Additionally, no error was found in the timing of citation delivery or the content of it. Affirmed.

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