State v. Waites

Appellant challenges his involuntary commitment under ORS 426.130. The issue is whether there is clear and convincing evidence that appellant is mentally ill. We review de novo, State v. O’Neill, 274 Or 59, 61, 545 P2d 97 (1976), and reverse.

Sometime in 1983, appellant was released from Dammasch State Hospital after having been involuntarily committed. After his release, he began to receive general assistance payments through Adult and Family Services Division. Those payments ceased on December 17, 1983, and were not to be extended until appellant was re-evaluated by a mental health…