State v. D. M.

In this civil commitment case, the trial court entered a judgment committing appellant to the Oregon Health Authority, pursuant to ORS 426.130(l)(b)(C), on the ground that appellant “suffer[ed] from a mental disorder” and was “[u]nable to provide for basic personal needs and [was] not receiving such care as [was] necessary for health or safety,” ORS 426.005(l)(e)(B). Appellant seeks reversal of the judgment, arguing, inter alia, that the state failed to prove, by clear and convincing evidence, that he was unable to provide for his basic needs. We agree and, therefore, reverse.

Whether the…