State v. B. O.

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Civil Commitment
  • Date Filed: 02-24-2016
  • Case #: A159707
  • Judge(s)/Court Below: Per Curiam; Sercombe, P.J.; Tookey, J.; & DeHoog, J.

In a civil commitment case, a trial court commits plain, reversible error if it fails to permit the individual to subpoena witnesses pursuant to ORS 426.100(1).

B.O. (Appellant) appealed a judgment committing her to the custody of the Mental Health Division pursuant to ORS 426.180. The trial court found that Appellant suffers from a mental disorder, is dangerous to herself, and is unable to provide for her personal needs. On appeal, Appellant argued that the trial court erred by failing to notify Appellant of her right to subpoena witnesses. The State conceded that this was plain error. The Court agreed that if a trial court fails to advise an individual of the right to subpoena witnesses in a civil commitment case pursuant to ORS 426.100(1), the court commits plain error requiring reversal. Reversed.

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