Legal Opinion

In Re Mh 2008-002393

Court of Appeals of Arizona

Decided December 17, 2009No. 1 CA-MH 08-0071PublishedCited by 2 opinions

1Opinion of the Court

OPINION

DOWNIE, Judge.

¶ 1 Appellant seeks reversal of the superi- or court’s order for involuntary mental health treatment. For the following reasons, we affirm and hold that the remedy for a patient held for evaluation in excess of statutory timeframes is to seek release during the period of illegal detention, not dismissal of a subsequently filed involuntary treatment proceeding that complies with legal requirements.

FACTUAL AND PROCEDURAL HISTORY

¶ 2 We view the facts in the light most favorable to affirming the superior court’s judgment. 1 In re MH 2008-001188, 221 Ariz. 177, 179, ¶ 14, 211…

2Cases cited13 opinions

  1. Englert v. Carondelet Health NetworkCourt of Appeals of Arizona · 2000
  2. In Re Maricopa County Superior Court Number MH 2001-001139Court of Appeals of Arizona · 2002
  3. In Re the Appeal in Maricopa County of Mental Health Case No. MH 94-00592Court of Appeals of Arizona · 1995
  4. In re Sabino R.Court of Appeals of Arizona · 2000
  5. Michael D. v. Deer Valley Unified School District No. 97Court of Appeals of Arizona · 1996

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

3Cited by2 opinions

  1. In Re Pinal County Mental Health No. Mh-201000076Court of Appeals of Arizona · 2010
  2. In Re Pinal County Mental Health No. Mh201000076Court of Appeals of Arizona · 2010

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