State v. C. R.

Appellant appeals a judgment committing her to the Department of Human Services, Mental Health Division. ORS 426.130. Appellant argues that the trial court erred in concluding that she suffers from a mental disorder and is a danger to herself. On de novo review, State v. Bodell, 120 Or App 548, 550, 853 P2d 841 (1993), we conclude that the state failed to prove by clear and convincing evidence that she is a “mentally ill person” within the meaning of ORS chapter 426. Accordingly, we reverse.

In February 2005, appellant attempted suicide. Five months before the attempt, appellant, a librarian,…