Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
IN RE: M.D.W., a Person Alleged to have a Mental Illness. STATE of Oregon, Respondent, v. M.D.W., Appellant.
Appellant seeks reversal of a judgment committing her to the custody of the Mental Health Division for a period not to exceed 180 days. See ORS 426.130. In her first assignment of error, appellant contends that the trial court plainly erred when it failed to advise her of the possible results of the commitment hearing as required by ORS 426.100(1). Specifically, she asserts that the trial court plainly erred when it failed to advise her of the possibility of voluntary treatment or conditional release. In response, the state con-cedes that, under State v. M. M., 288 Or. App. 111, 405 P.3d 192 (2017), and State v. M. S. R., 288 Or. App. 156, 403 P.3d 809 (2017), the trial court’s failure to advise appellant of all of the possible results of the proceeding as required by ORS 426.100(1) is plain error and requires reversal. We agree, accept the state’s concession, and, for the reasons set forth in M. M. and M. S. R., exercise our discretion to correct the error. Our disposition of appellant’s first assignment of error obviates the need to address her second assignment of error.
Reversed.
PER CURIAM
Thank you for your feedback!
As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.
Docket No: A164891
Decided: February 28, 2018
Court: Court of Appeals of Oregon.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)