State v. Rainbolt

Appellant appeals a judgment adjudicating him to be a mentally ill person and committing him to the Mental Health Division. The trial court committed appellant because it found that he suffers from a mental illness and was unwilling or unable to participate in treatment on a voluntary basis. On de novo review, State v. O’Neill, 274 Or 59, 61, 545 P2d 97 (1976), we reverse.

In mid-May 2001, appellant started exhibiting a change in his behavior. He was sleeping less, pacing, losing weight, stressed, and generally uncooperative. In late May 2001, appellant was hospitalized at Good Samaritan…