168 results for 'cat:"Commitment"'.
J. Miller finds the trial court properly ordered defendant to be civilly committed as a sexually violent predator, as none of the cases defendant cites trumps the fact that he was found to have violated multiple aspects of his plea agreement that conditionally suspended civil commitment. Affirmed.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: March 13, 2024, Case #: 22-2047, Categories: Sex Offender, commitment
Per curiam, the Appeals Court finds the trial court erred by committing appellant. “There is evidence of unsanitary living conditions, poor personal hygiene, and noncompliance with psychiatric medications, but that evidence does not meet the standard for civil commitment.” Reversed.
Court: Oregon Court of Appeals, Judge: Per curiam, Filed On: March 13, 2024, Case #: A180060, Categories: commitment
J. Earl holds that the trial court must amend its commitment order to include a statement of the maximum term associated with each offense defendant was accused of before he was acquitted upon a finding of insanity. Based on the underlying maximum possible sentences, the commitment order will reflect an indeterminate term with a maximum of life. The life term of commitment does not violate his due process or equal protection rights since an insanity acquitee may be hospitalized based on a preponderance of evidence showing continued insanity or danger to the community. Affirmed in part.
Court: California Courts Of Appeal, Judge: Earl, Filed On: March 12, 2024, Case #: C095986, Categories: Sentencing, Battery, commitment
J. Sandefur holds that the district court's involuntarily commitment order was not based solely on the hearsay statements of the patient's husband. A mental health nurse practitioner, medical staff and a court-appointed professional counselor supported commitment. The husband's out of court statements to the counselor were not legally hearsay since they were not offered to prove the truth of the matter but were relevant to the counselor's expert opinion. Affirmed.
Court: Montana Supreme Court, Judge: Sandefur, Filed On: March 12, 2024, Case #: DA 21-0476, Categories: Evidence, commitment, Experts
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Per curiam, the court of appeals denies the petition for mandamus. Civilly committed as a sexually violent predator, the patient's unauthorized petition for release was denied, with the court stating that though progress was made, the patient was still likely to engage in predatory sexual violence. The expert report shows the patient's behavior has changed for better and worse during the course of his treatment.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: March 7, 2024, Case #: 09-22-00022-CV, Categories: Evidence, Health Care, commitment
J. Longoria finds that the lower court properly entered an order of civil commitment against the appellant after a jury found him to be a "sexually violent predator." Contrary to the appellant's argument, the evidence sufficiently establishes the "behavior abnormality" element required. Additionally, the court does not find the term "behavior abnormality" to be ambiguous, as he argues. Affirmed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: February 29, 2024, Case #: 13-22-00439-CV, Categories: Civil Procedure, Evidence, commitment
J. Shorr finds the trial court properly committed appellant for a mental disorder that makes her a danger to others. Appellant “suffers from a mix of mania and psychosis that results in a delusion that there is a conspiracy of government actors who are pursuing, harassing, and working to detain her.” Affirmed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: February 28, 2024, Case #: A178745, Categories: commitment
J. Christopher finds that the inmate was properly civilly committed as a sexually violent predator. The evidence sufficiently supports the finding that he has a behavioral abnormality that "predisposes" him to sexually violent offenses, and he did not show the testimony of the forensic psychologist was unreliable. Affirmed.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: February 27, 2024, Case #: 14-22-00742-CV, Categories: Evidence, commitment
J. Richman finds that the trial court erred in denying a gravely disabled person's motions to dismiss conservatorship proceedings. The trial court abused its discretion in finding that good cause existed to continue the trial despite a statutory requirement that proceedings commence within 10 days. But the disabled person failed to show prejudice or that the trial court erroneously concluded that she was gravely disabled. Affirmed.
Court: California Courts Of Appeal, Judge: Richman, Filed On: February 27, 2024, Case #: A167919, Categories: commitment, Due Process, Competence
J. Erickson finds a lower court properly dismissed a patient's wrongful confinement claims against a County health service. The patient argued that she was wrongfully civilly committed, misdiagnosed, and was forced to ingest neuroleptic medications without consent. However, the County health service sufficiently showed in court that she suffered from bipolar disorder, depression, generalized anxiety, and movement disorder, as well as suicidal ideation, which justified a civil commitment order for six months. Affirmed.
Court: 8th Circuit, Judge: Erickson, Filed On: February 26, 2024, Case #: 23-1209, Categories: Civil Rights, Health Care, commitment
J. Curran finds that the appellate division properly held that assigning sex offender risk classification to two defendants was not premature since each likely faced civil confinement rather than community release upon completing their prison terms. Classification is required by law 30 days before release, which occurs when a sex offender no longer remains confined to state prison, regardless of the possibility of future confinement under mental hygiene rules for sex offender management. Affirmed.
Court: New York Court Of Appeals, Judge: Curran, Filed On: February 22, 2024, Case #: 09, Categories: Sentencing, Sex Offender, commitment
Per curiam, the court of appeals denies the psychiatric patient's petition for a writ of mandamus in which he seeks to challenge the denial of his appeal of an order denying an unauthorized petition for release from civil commitment. The trial court properly considered the results of a recent review in considering whether a factfinder in a formal hearing must determine whether he no longer suffers from a behavioral abnormality that make him likely to commit a predatory act of sexual violence. Though another review showed the patient had support and job prospects, both reviews address similar concerns.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: February 22, 2024, Case #: 09-22-00132-CV, Categories: commitment, Due Process
J. Hoyle finds the trial court properly adjudicated defendant a sexually violent predator, signing an order of civil commitment. Defendant has pleaded guilty to multiple counts of sexually predatory acts upon children, ranging in age from 7 to 11 years old, and having various disabilities. Affirmed.
Court: Texas Courts of Appeals, Judge: Hoyle , Filed On: February 22, 2024, Case #: 12-23-00240-CV, Categories: Evidence, Sex Offender, commitment
J. Salter finds that the circuit court improperly denied a motion for dismissal of criminal charges under South Dakot Codified Law which requires dismissal of a defendant’s criminal charges when “there is no substantial probability that the defendant will become competent to proceed in the foreseeable future.” The court committed defendant to a state facility for competency restoration treatment. Those efforts have not been successful, and as a result of a series of “re-commitments,” defendant remains committed. Reversed.
Court: South Dakota Supreme Court, Judge: Salter, Filed On: February 21, 2024, Case #: 2024SD12, Categories: Competence, commitment
J. Bishop finds the mental health board properly entered a commitment order for the involuntary treatment of the patient. The patient expressed delusions “focused on multiple rape experiences...by a lot of people...including [the] famous, psychiatrists, police officers, and animals.” His manic speech made it difficult to communicate with him. The patient contends his doctor did not provide a timeline or milestones he needed to meet; however, these concerns are dependent upon the patient's cooperation and progress, which are not predictable. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: February 20, 2024, Case #: A-23-453, Categories: Health Care, commitment, Due Process
J. Young finds that the court of appeals improperly ruled in a case concerning the involuntary commitment of an individual with a history of psychotic behavior. The state provided certificates from two different second-year psychiatry residents certifying the individual with mental illness. Based on a reading of the statutory requirements, the psychiatry residents do qualify as physicians, making their certificates valid before the court. Reversed.
Court: Texas Supreme Court, Judge: Young, Filed On: February 16, 2024, Case #: 22-0987, Categories: Government, commitment
J. Quattlebaum finds the lower court properly dismissed the sexually dangerous person's petition. He was civilly committed as a sexually dangerous person after completing his sentence for child pornography charges. While civilly committed, he was convicted of and sentenced for two separate federal crimes and served prison terms for those sentences. His civil commitment continued following those criminal sentences as it should have because he was never declared not a sexually dangerous person. Affirmed.
Court: 4th Circuit, Judge: Quattlebaum , Filed On: February 14, 2024, Case #: 22-6338, Categories: Sex Offender, commitment, Child Pornography
J. Aoyagi finds the trial court erred in committing appellant without sufficient evidence that his mental illness made him a danger to others. “An empty threat that is not likely to be carried out, even if disturbing or distressing, is not a basis for involuntary civil commitment.” Reversed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: February 14, 2024, Case #: A177831, Categories: Evidence, commitment
J. McGrath finds that the trial court properly held that respondent waived his rights to oppose a three-month involuntary civil commitment. He signed a stipulation while thinking logically and after a thorough discussion with counsel. But an order for the involuntary administration of medications was not supported by evidence of necessity. Reversed in part.
Court: Montana Supreme Court, Judge: McGrath, Filed On: February 13, 2024, Case #: DA 22-0014, Categories: commitment, Due Process
J. Williams finds that the lower court properly entered a final judgment and commitment order civilly committing the appellant under the Texas Civil Commitment of Sexually Violent Predators Act. The appellant contends that, based on the Texas Supreme Court's Stoddard opinion, "there are no issues that can be raised on appeal that would result in reversible error." The court concludes, however, that his argument "misses the mark." Affirmed.
Court: Texas Courts of Appeals, Judge: Williams, Filed On: February 8, 2024, Case #: 11-23-00191-CV, Categories: Civil Procedure, commitment
J. Jacquot finds the trial court properly committed appellant. The court made its decision based on her "diagnosis of schizophrenia, her past medication noncompliance, her lack of insight into her own condition, and her history of severe self-harm.” Affirmed.
Court: Oregon Court of Appeals, Judge: Jacquot, Filed On: January 31, 2024, Case #: A178907, Categories: Evidence, commitment