Legal Opinion

State v. Linde

Court of Appeals of Oregon

Decided February 20, 2002No. 00M0037; A112195PublishedCited by 17 opinions

1Opinion of the CourtHaselton, P. J.

Appellant seeks reversal of an order continuing his civil commitment pursuant to ORS 426.307. He asserts that the state failed to prove, by clear and convincing evidence, that, because of a mental disorder, he continued to be either a danger to himself or unable to provide for his basic personal needs. See ORS 426.307(6). On de novo review, State v. O’Neill, 274 Or 59, 61, 545 P2d 97 (1976), we conclude that the state failed to prove that appellant’s commitment must be continued. Accordingly, we reverse.

Before addressing the merits, we first consider the question of possible mootness, which…

2Cases cited12 opinions

  1. Brumnett v. Psychiatric Security Review BoardOregon Supreme Court · 1993
  2. O'Neill v. O'NeillOregon Supreme Court · 1976
  3. State v. BuntingCourt of Appeals of Oregon · 1992
  4. State v. JayneCourt of Appeals of Oregon · 2001
  5. State v. BaxterCourt of Appeals of Oregon · 1995

7 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. State v. K.J.B. (In re K.J.B.)Oregon Supreme Court · 2018
  2. Dep't of Human Servs. v. A. B. (In Re J. B.)Oregon Supreme Court · 2018
  3. State v. HauskinsCourt of Appeals of Oregon · 2012
  4. State v. HittCourt of Appeals of Oregon · 2002
  5. State v. M. A. B.Court of Appeals of Oregon · 2007

12 more not listed; retrieve them via the Exa API.

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