State v. K. J. B.

The issue in this appeal is whether the state presented clear and convincing evidence to prove that appellant, who was in the custody of a jail at the time of the commitment hearing, met the criteria for involuntary commitment. See ORS 426.130; ORS 426.005(l)(e) (2013), amended by Or Laws 2015, ch 461, § 1; Or Laws 2015, ch 433, § l.1 The majority holds that appellant did not preserve his appellate argument. 282 Or App at 864. Specifically, the majority holds that appellant did not preserve his argument that the state failed to present sufficient evidence to prove that he was “[u]nable to…