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: D. D., a Person Alleged to have Mental Illness. STATE of Oregon, Respondent, v. D. D., Appellant.
Appellant seeks reversal of a judgment committing him to the Oregon Health Authority for a period not to exceed 180 days and an order prohibiting him from purchasing or possessing a firearm based on a finding that he is a “person with a mental illness.” ORS 426.130(1)(a)(C). He contends that the state failed to prove by clear and convincing evidence that, because of a mental disorder, he is both dangerous to self and dangerous to others, ORS 426.005 (1)(f)(A).1 The state concedes that the evidence is legally insufficient to support the involuntary commitment and that the judgment should be reversed. We agree, accept the state’s concession, and reverse the commitment judgment and the order prohibiting the purchase or possession of firearms. See State v. R. C. S., 291 Or. App. 489, 490, 415 P.3d 1164 (2018) (reversing both the commitment judgment and the order prohibiting the appellant from purchasing and possessing firearms).
Reversed.
FOOTNOTES
1. Our disposition obviates the need to reach appellant’s other assignment of error.
PER CURIAM
Thank you for your feedback!
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: A166280
Decided: July 11, 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)