Legal Opinion

Matter of Medlin

Court of Appeals of North Carolina

Decided October 5, 1982No. 829DC50PublishedCited by 3 opinions

1Opinion of the Court

MARTIN (Robert M.), Judge.

N.C. Gen. Stat. § 122-58.7Ü) (1981) requires as a condition to a valid commitment order that the district court find two distinct facts by clear, cogent, and convincing evidence. The court must first determine that the respondent is mentally ill or inebriate. Secondly, the court must find that the respondent is dangerous to herself or others.

The trier of fact alone must determine whether the evidence presented is clear, cogent and convincing. Our only function on appeal is to determine whether there was any competent evidence to support the factual findings made. In…

2Cases cited5 opinions

  1. Matter of MonroeCourt of Appeals of North Carolina · 1980
  2. In re CaverCourt of Appeals of North Carolina · 1979
  3. Matter of HoltCourt of Appeals of North Carolina · 1981
  4. Matter of DotyCourt of Appeals of North Carolina · 1978
  5. Matter of LeeCourt of Appeals of North Carolina · 1978

3Cited by3 opinions

  1. In Re LoweryCourt of Appeals of North Carolina · 1993
  2. In Re ZollicofferCourt of Appeals of North Carolina · 2004
  3. Matter of WoodieCourt of Appeals of North Carolina · 1994

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