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Legal Opinion

In Re Mh-2008-000867

Court of Appeals of Arizona

Decided July 30, 2009No. 1 CA-MH 08-0022PublishedCited by 2 opinions

1Opinion of the Court

OPINION

OROZCO, Judge.

¶ 1 Appellant challenges the court order for involuntary mental health treatment. He argues the trial court committed reversible error by allowing one of the two testifying doctors to appear telephonically when the doctor was present in the greater metropolitan area in which the hearing occurred 1 and the State failed to demonstrate that the doctor was truly unavailable to appear in person. For the reasons stated below, we agree and accordingly vacate.

FACTUAL AND PROCEDURAL HISTORY

¶ 2 Appellant was hospitalized at the Arizona Heart Institute/Phoenix Children’s Hospital in…

2Cases cited13 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Maryland v. CraigSupreme Court of the United States · 1990
  3. Greene v. McElroySupreme Court of the United States · 1959
  4. Specht v. PattersonSupreme Court of the United States · 1967
  5. Stephen Christian, A/K/A Stephen Cline v. William RhodeCourt of Appeals for the Ninth Circuit · 1994

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3Cited by2 opinions

  1. In Re Mh-2008-000867Arizona Supreme Court · 2010
  2. In Re Thomas R.Court of Appeals of Arizona · 2010

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