Legal Opinion

Matter of Crainshaw

Court of Appeals of North Carolina

Decided November 3, 1981No. 8119DC416PublishedCited by 4 opinions

1Opinion of the Court

MARTIN (Robert M.J, Judge.

N.C. Gen. Stat. § 122-58.7U) requires as a condition to a valid commitment order that the district court find two distinct facts *431by clear, cogent, and convincing evidence: first that the respondent is mentally ill or inebriate and second, that the respondent is dangerous to herself or others.

It is for the trier of fact to determine whether evidence offered in a particular case is clear, cogent, and convincing. Our function on appeal is simply to determine whether there was any competent evidence to support the factual findings made. In re Monroe, 49 N.C. App. 23, 270…

2Cases cited4 opinions

  1. Matter of UnderwoodCourt of Appeals of North Carolina · 1978
  2. Matter of MonroeCourt of Appeals of North Carolina · 1980
  3. Matter of JacobsCourt of Appeals of North Carolina · 1978
  4. In re CaverCourt of Appeals of North Carolina · 1979

3Cited by4 opinions

  1. Matter of JacksonCourt of Appeals of North Carolina · 1983
  2. In re CrouseCourt of Appeals of North Carolina · 1983
  3. In re CrouseCourt of Appeals of North Carolina · 1983
  4. Matter of CrainshawCourt of Appeals of North Carolina · 1981

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