State v. Puha

Appellant appeals from an involuntary commitment order. She asserts that the state failed to prove by clear and convincing evidence that she had a mental disorder that caused her to be a danger to herself or to be unable to provide for her basic needs. On de novo review, State v. O’Neill, 274 Or 59, 61, 545 P2d 97 (1976), we reverse.

Appellant was almost four months pregnant at the time of her commitment hearing on August 6, 2004. She has a history of mental health issues but lives independently in an apartment. Her adult daughter and her mother live nearby and help her care for herself. Of…