State v. M.L.N.

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Civil Commitment
  • Date Filed: 04-06-2016
  • Case #: A160083
  • Judge(s)/Court Below: Per Curiam.

Under ORS 426.130(1)(a), in order to civilly commit a person, the State must prove by clear and convincing evidence that the person is mentally ill.

M.L.N. appealed a trial court judgment committing her to the Oregon Health Authority. The trial court entered the judgment after determining that she was unable to provide for her basic personal needs due to a mental disorder. On appeal M.L.N. argued, and the State conceded, that the evidence was insufficient to support the trial court’s judgment. ORS 426.130(1)(a) provides that “in order to civilly commit a person, the state must prove, by clear and convincing evidence, that the person is mentally ill.” Given the State’s concession, the Court agreed with M.L.N. Reversed.

Advanced Search

Back to Top