Oregon Appellate Ct - Aug 24, 2016

by: Sara Werboff • August 26, 2016 • no comments

Civil Commitment - Insufficient Evidence that Appellant Could Not Meet Basic Needs - Per Curiam

The state concedes that the evidence did not support a determination that appellant was unable to meet her basic needs in a way that would result in an imminent, non-speculative threat to her survival.

State v. S.M., 280 Or App 390 (per curiam)

Civil Commitment - Trial Court's Failure to Advise of Rights - Per Curiam

The trial court's failure to advise appellant of her rights under ORS 426.001(1) was plain error. The court exercises its discretion to correct the error after considering the nature of the civil commitment proceedings, the gravity of the violation, the ends of justice, and the lack of harmless error.

State v. T.L.H., 280 Or App 392 (2016) (per curiam)