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Oregon Appellate Ct - Feb 8, 2017

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by: Sara Werboff • February 13, 2017 • no comments

Civil Commitment - Failure to Prove Appellant was a Danger to Others

The court concludes that evidence presented at appellant's civil commitment hearing was insufficient to prove that appellant was a danger to other because of his mental illness. The state relied on two incidents to support its contention that appellant was a danger to others. In the first incident, appellant verbally confronted and threatened strangers and police officers at the airport. Appellant was eventually compliant with police commands. In the second incident, while appellant was hospitalized and upset about being hospitalized, appellant again verbally confronted and threatened hospital staff and attempted to cause property damage. Appellant again complied with requests to return to his room. Because the evidence showed that appellant did not physically threaten anyone and complied with requests (even when "completely out of control"), the court concludes that the state failed to meet its burden of showing that appellant was highly likely to actually become violent towards people in the future.

State v. L.R., 283 Or App 618 (2017) (Egan, J.)

Appeal and Review - Post-Conviction Relief - Cross-Appeal was Untimely

The court dismisses petitioner's cross-appeal of a post-conviction judgment after determining that it was untimely filed. Petitioner filed the cross-appeal 36 days after the entry of judgment. Petitioner sought to rely on ORS 138.071(3) which authorizes a party to file a cross-appeal within 10 days of the original notice of appeal in a criminal case. The court explains, however, that the time for filing post-conviction appeals is governed entirely by ORS 138.650, which provides that both parties must file post-conviction appeals within 30 days of the entry of judgment.

Behrle v. Taylor, 283 Or App 629 (2017) (Egan, J.)

Per Curiam - Civil Commitment - Failure to Hold Hearing Within Five Judicial Days

The court accepts the state's concession that the trial court erred in denying appellant's motion to dismiss on the grounds that the hearing on his civil commitment was not set within five judicial days.

State v. L.J.L., 283 Or App 644 (2017) (per curiam)

Per Curiam - Civil Commitment - Failure to Advise of Rights

The court accepts the state's concession that the trial court erred in failing to advise appellant of her rights under ORS 426.100(1) and exercises its discretion to correct the error.

State v. C.J.C., 283 Or App 646 (2017) (per curiam)