State v. Hitt

Appellant challenges an order continuing his civil commitment pursuant to ORS 426.307. We conclude on de novo review, State v. O’Neill, 274 Or 59, 61, 545 P2d 97 (1976), that the state failed to adduce “clear and convincing” evidence that appellant was dangerous to others or incapable of providing for his basic needs. ORS 426.005(1)(d)(A), (B). Accordingly, we reverse.

Before describing the material facts, we must address — and clarify — the scope of the record before us. This is an appeal from an order of further commitment for mental illness rendered in Josephine County Circuit Court on…