mental commitment hearing (Oregon) · Go Syfert
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mental commitment hearing in Oregon

13 Oregon opinions name it 1 courts 1976–2024 6 in the last five years

The cases below were cited by Oregon courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
State ex rel. Coastal Management, Inc. v. Washington Countygreen
orctapp · 2001 · cited in 1 Oregon opinions naming this issue, 2009–2009
2 sentences

2009See, e.g., State ex rel Coastal Management v. Washington Cty., 178 Or App 280, 288 , 36 P3d 993 (2001), rev den, 334 Or 190 (2002) (“[T]he doctrine of inherent judicial authority is the source of power to perform a judicial function for which the legislative branch failed to provide fullyf.]”). 1 ORS 3.220 does not govern the situation presented here.

2009See, e.g., State ex rel Coastal Management v. Washington Cty., 178 Or App 280, 288 , 36 P3d 993 (2001), rev den, 334 Or 190 (2002) (“[T]he doctrine of inherent judicial authority is the source of power to perform a judicial function for which the legislative branch failed to provide fullyf.]”). 1 ORS 3.220 does not govern the situation presented here.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Oregon. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
State v. K. R. B. neutral
orctapp · 2021
2 sentences

2021B., 309 Or App 455 , 482 P3d 134 (2021), this court considered an argument that reversible error occurred where the citation was not served until immediately before a mental commitment hearing.

2021B., 309 Or App 455 , 482 P3d 134 (2021), this court considered an argument that reversible error occurred where the citation was not served until immediately before a mental commitment hearing.

32021–2021
State v. L.O.W. (In re L.O.W.) neutral
orctapp · 2018
2 sentences

2022W., 292 Or App 376, 381 , 424 P3d 789 (2018), a court lacks authority to hold a mental commitment hearing under ORS 426.095 when a person has been involuntarily hospitalized for longer than five judicial days, and a person held longer than five judicial days with- out a hearing is entitled to dismissal.

2022W., 292 Or App 376, 381 , 424 P3d 789 (2018), a court lacks authority to hold a mental commitment hearing under ORS 426.095 when a person has been involuntarily hospitalized for longer than five judicial days, and a person held longer than five judicial days with- out a hearing is entitled to dismissal.

22021–2022
State v. Buffum green
orctapp · 2000
2 sentences

2009Buffum, 166 Or.App. at 556 , 999 P.2d 541 .

2009Buffum, 166 Or App at 556 .

22009–2009
State v. Hewitt green
orctapp · 1999
2 sentences

2009We conclude that, under that statute, it is within the court's discretion to weigh the convenience to the mentally ill person against the convenience of the court when choosing the location or locations of a mental commitment hearing. *905 On appellate review, the "abuse of discretion standard tests only whether the trial court made a decision within the permissible range of choices[.]" State v. Hewitt, 162 Or.App. 47, 52 , 985 P.2d 884 (1999), rev. dismissed, 330 Or. 567 , 10 P.3d 943 (2000).

2009We conclude that, under that statute, it is within the court's discretion to weigh the convenience to the mentally ill person against the convenience of the court when choosing the location or locations of a mental commitment hearing. *905 On appellate review, the "abuse of discretion standard tests only whether the trial court made a decision within the permissible range of choices[.]" State v. Hewitt, 162 Or.App. 47, 52 , 985 P.2d 884 (1999), rev. dismissed, 330 Or. 567 , 10 P.3d 943 (2000).

22009–2009
In the Matter of Gn green
orctapp · 2009
2 sentences

2024N., 230 Or App 249, 254 , 215 P3d 902 (2009).

2024N., 230 Or App 249, 254 , 215 P3d 902 (2009).

12024–2024
State v. JC neutral
orctapp · 2007
2 sentences

2008C., 215 Or App 496, 497 , 170 P3d 1083 (2007) (court abused its discretion in denying continuance during a mental commitment hearing in a hospital where “appellant was naked in a hospital room, in the midst of a medical crisis, and unable to hear or participate meaningfully in the entire proceeding”).

2008C., 215 Or App 496, 497 , 170 P3d 1083 (2007) (court abused its discretion in denying continuance during a mental commitment hearing in a hospital where “appellant was naked in a hospital room, in the midst of a medical crisis, and unable to hear or participate meaningfully in the entire proceeding”).

12008–2008
State v. North green
orctapp · 2003
1 sentence

2006Although we consider the facts as they existed at the time of a mental commitment hearing, North, 189 Or App at 520 , our task is not to determine simply whether the allegedly mentally ill person was, at that time, either providing for his or her basic needs or receiving necessary care from others.

12006–2006
O'Neill v. O'Neill green
or · 1976
2 sentences

1976State v. O’Neill, 274 Or 59 , 545 P2d 97 (1976), held that judicial notice of prior court files was improper.

1976State v. O’Neill, 274 Or 59 , 545 P2d 97 (1976), held that judicial notice of prior court files was improper.

11976–1976

Statutes the citing opinions construe

OR § Or. Rev. Stat. § 426.130 (6) OR § Or. Rev. Stat. § 426.005 (5) OR § Or. Rev. Stat. § 426.095 (4) OR § Or. Rev. Stat. § 426.080 (3) OR § Or. Rev. Stat. § 426.090 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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