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State v. K. E. G.

Citations: 255 Or. App. 386; 296 P.3d 1277; 2013 WL 655707; 2013 Ore. App. LEXIS 190Docket: 111273979; A150577

Court: Court of Appeals of Oregon; February 20, 2013; Oregon; State Appellate Court

Narrative Opinion Summary

Appellant's commitment as a mentally ill person for up to 180 days is under review. She contends that there is insufficient evidence to prove she poses a danger to herself due to a mental disorder. The state agrees, acknowledging that the evidence does not meet the clear and convincing standard required for involuntary commitment. Consequently, the judgment is reversed.

Legal Issues Addressed

Reversal of Commitment Due to Insufficient Evidence

Application: When the state acknowledges that the evidence does not meet the required standard, the judgment of involuntary commitment must be reversed.

Reasoning: The state agrees, acknowledging that the evidence does not meet the clear and convincing standard required for involuntary commitment. Consequently, the judgment is reversed.

Standard of Proof for Involuntary Commitment

Application: The state must provide clear and convincing evidence that an individual poses a danger to themselves due to a mental disorder to justify involuntary commitment.

Reasoning: She contends that there is insufficient evidence to prove she poses a danger to herself due to a mental disorder.