Oregon Appellate Court, October 14, 2020

by: Rankin Johnson • October 22, 2020 • no comments

Summarized by Rankin Johnson, OCDLA

CIVIL COMMITMENT - Sufficiency

Evidence did not support trial court's finding that respondent would not cooperate with treatment was not supported by the record. Reversed.

State v. A.C. 307 Or App 203 (October 14, 2020) (Armstrong) (Lane County, Merten)

SEARCH AND SEIZURE - Probable cause

Probable cause that drug evidence would be found in shed behind house did not extend to the house. Reversed and remanded.

State v. Nelson 307 Or App 226 (October 14, 2020) (Aoyagi) (Marion County, Prall)

CIVIL COMMITMENT - Sufficiency

Respondent's methamphetamine addiction and long but sporadic history of minor violence were insufficient for civil commitment. Reversed.

The court explained that, although respondent was mentally ill and occasionally violent, his history alone was not an adequate basis for involuntary commitment whenever he went off his medication.

State v. H.M. 307 Or App 246 (October 14, 2020) (Aoyagi) (Multnomah County, Johnston)