Legal Opinion · Dissent

State v. C. A. J.

Court of Appeals of Oregon

Decided August 5, 2009No. 060261311; A136828Published

1DissentSercombe, J.

In order to continue appellant’s commitment, ORS 426.307(6) requires the court to find that appellant “is still a mentally ill person by clear and convincing evidence and in need of further treatment.” ORS 426.005(l)(d) defines “mentally ill person” as a “person who, because of a mental disorder” is “dangerous to self or others” or “unable to provide for basic personal needs and is not receiving such care as is necessary for health or safety.” I dissent because the record does not contain clear and convincing evidence that appellant’s mental disorder causes her to be unable to provide for her…

2Cases cited12 opinions

  1. State v. BuntingCourt of Appeals of Oregon · 1992
  2. State v. BrungardCourt of Appeals of Oregon · 1990
  3. State v. AyalaCourt of Appeals of Oregon · 1999
  4. State v. BrungardCourt of Appeals of Oregon · 1990
  5. State v. JayneCourt of Appeals of Oregon · 2001

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