State v. N.G.

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Civil Commitment
  • Date Filed: 01-02-2025
  • Case #: A182397
  • Judge(s)/Court Below: Hellman, P.J., for the court; Lagesen, C.J., and Mooney, S.J.
  • Full Text Opinion

If a person is a danger to themselves or is unable to meet their basic needs in a way that creates an imminent risk of harm due to their mental illness, that person may be civilly committed.

The appellant challenged the trial court’s commitment order that found the appellant was a danger to herself and was unable to meet her basic needs. On appeal, the appellant argued that there was insufficient evidence to suggest she was a person with mental illness and that the trial court should have dismissed the case due to violations of her right to counsel. The Oregon Court of Appeals found there was sufficient evidence presented at the trial court showing the appellant's mental illness caused her to refuse to take necessary lifesaving blood pressure medication. Because the appellant's refusal to take her medication was due to her mental illness, the trial court reasonably found that the appellant was dangerous to herself and unable to care for her own basic needs, allowing for a civil commitment order. The appellant also argued that her right to counsel was violated and delayed. Although these issues were not preserved, the court reviewed them for plain error and found that none occurred. The Oregon Court of Appeals affirmed the trial court’s commitment order.

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