Legal Opinion
In re M.M.
Louisiana Court of Appeal
Decided November 1, 1989No. 21357-CAPublishedCited by 3 opinions
1Opinion of the Court
MARVIN, Judge.
In this appeal of a judgment committing M.M., a 60-year-old female, to a state mental institution under LRS 28:55E, 28:2(10), we find that the evidence does not meet the statutory requirement of clear and convincing proof that M.M. is “gravely disabled,” which by statutory definition contains two elements.
We reverse the judgment and order appellant discharged from confinement.
ELEMENTS AND BURDEN OF PROOF
To allow the conclusion that M.M. is “gravely disabled,” the statute requires that the petitioning hospital, LSU Medical Center in Shreveport, prove by clear and convincing…
2Cases cited5 opinions
- Addington v. TexasSupreme Court of the United States · 1979
- Hebbler v. New Orleans Fire DepartmentSupreme Court of Louisiana · 1975
- State v. A.C.Louisiana Court of Appeal · 1989
- Bowman v. Weill Const. Co.Louisiana Court of Appeal · 1987
- Matter of Commitment of VALouisiana Court of Appeal · 1985
3Cited by3 opinions
- Matter of MMLouisiana Court of Appeal · 1989
- In re H.W.Louisiana Court of Appeal · 1994
- In Re HWLouisiana Court of Appeal · 1994