Oregon Appellate Court, January 2, 2020

by: Rankin Johnson • January 3, 2020 • no comments

Summarized by Rankin Johnson, OCDLA

CIVIL COMMITMENT - Willingness to participate in treatment

Evidence supported finding that appellant would not voluntarily participate in treatment. Affirmed.

State v. M.J.M 301 Or App 638 (January 2, 2020) (Ortega) (Lane County, Merten)

CONTEMPT - Review and collateral attack

Defendant, who had been personally served, could not argue in contempt proceeding that she was not personally named in order. Affirmed.

Defendant, who was married, did not formally take her husband's name but habitually used it. The court held that the order applied to her, and also that defendant's contrary argument was an impermissible collateral attack.

State v. Arnold 301 Or App 642 (January 2, 2020) (Tookey) (Multnomah County, Villa-Smith)

FINES, FEES, AND COSTS - Collection and enforcement

Trial court did not err by referring fines to Department of Revenue. Affirmed.

Court of Appeals presumed that Department of Revenue would not undertake unlawful enforcement action while defendant was incarcerated. The court also declined to review imposition of a $200 fee imposed by the clerk, noting that review would be through mandamus or other action in the trial court.

State v. Lord 301 Or App 653 (January 2, 2020) (Shorr) (Washington County, Erwin)

XXX - Privilege

Psychotherapist-patient privilege prevented trial testimony, notwithstanding statute requiring report of elder abuse.

Defendant killed her grandmother, and later told her therapist about it. Her therapist reported it to the police did not tell defendant that she had made the report, and met with defendant again.

State v. XXX 301 Or App XXX (January 2, 2020) (XXX) (XXX County, XXX)

XXX - Privilege

Psychotherapist-patient privilege prevented trial testimony, notwithstanding statute requiring report of elder abuse.

Defendant killed her grandmother, and later told her therapist about it. Her therapist reported it to the police did not tell defendant that she had made the report, and met with defendant again.

State v. XXX 301 Or App XXX (January 2, 2020) (XXX) (XXX County, XXX)

XXX - Privilege

Psychotherapist-patient privilege prevented trial testimony, notwithstanding statute requiring report of elder abuse.

Defendant killed her grandmother, and later told her therapist about it. Her therapist reported it to the police did not tell defendant that she had made the report, and met with defendant again.

State v. XXX 301 Or App XXX (January 2, 2020) (XXX) (XXX County, XXX)

XXX - Privilege

Psychotherapist-patient privilege prevented trial testimony, notwithstanding statute requiring report of elder abuse.

Defendant killed her grandmother, and later told her therapist about it. Her therapist reported it to the police did not tell defendant that she had made the report, and met with defendant again.

State v. XXX 301 Or App XXX (January 2, 2020) (XXX) (XXX County, XXX)

XXX - Privilege

Psychotherapist-patient privilege prevented trial testimony, notwithstanding statute requiring report of elder abuse.

Defendant killed her grandmother, and later told her therapist about it. Her therapist reported it to the police did not tell defendant that she had made the report, and met with defendant again.

State v. XXX 301 Or App XXX (January 2, 2020) (XXX) (XXX County, XXX)