36 results for 'cat:"Evidence" AND cat:"Commitment"'.
J. Shorr finds the trial court properly committed an individual. “There was evidence…that appellant was not willing and able to engage in voluntary treatment and that appellant did not meet her burden of proof to prove otherwise.” Affirmed.
Court: Oregon Court of Appeals, Judge: Shorr, Filed On: April 3, 2024, Case #: A178750, Categories: evidence, commitment
J. Pagan finds the trial court properly committed an individual. “Appellant’s doctor testified that appellant’s pattern of behavior caused by her psychosis leading up to and once inside the hospital, without intervention and redirection by trained staff, was very likely to result in future violence.” Affirmed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: April 3, 2024, Case #: A178625, Categories: evidence, commitment
J. Barrett finds the circuit court properly involuntarily admitted the patient for drug-addiction treatment. The patient's mother filed a petition to have him involuntarily admitted for a fentanyl addiction and testified her son had overdosed 20 times that year, including having been found lying in the street. She also says he hears voices and she is afraid for her life. Though no evidence was presented showing the patient was homicidal, the state proved he was disabled and suicidal due to his drug use. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: April 3, 2024, Case #: CV-22-293, Categories: evidence, Health Care, commitment
J. Pagan finds the trial court erred in concluding that appellant was a danger to others due to his mental disorder at the time of his commitment hearing. “Evidence of his behavior in the hospital and vague threats toward a particular community were insufficient to conclude he was a danger to others.” Reversed.
Court: Oregon Court of Appeals, Judge: Pagan, Filed On: March 20, 2024, Case #: A179343, Categories: evidence, commitment
J. Kennedy finds that the lower court properly ordered the appellant to be civilly committed pursuant to Texas Health and Safety Code Chapter 841, after a jury found the appellant to be a "sexually violent predator." Contrary to the appellant's argument, the evidence sufficiently supports the jury's determination and the judgment. At trial, a psychologist testified that the appellant has "a behavioral abnormality," and there was no evidence to refute her evaluation. Affirmed.
Court: Texas Courts of Appeals, Judge: Kennedy, Filed On: March 13, 2024, Case #: 05-23-00334-CV, Categories: evidence, commitment
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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
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. 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. 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. 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. 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
J. Powers finds the trial court properly determined the record was sufficient to conclude appellant had a mental illness such that she was unable to provide for her basic needs. Evidence showed that “appellant, if released on the day of the hearing, would have been at a nonspeculative risk of serious physical harm in the near future.” Affirmed.
Court: Oregon Court of Appeals, Judge: Powers, Filed On: November 15, 2023, Case #: A177733, Categories: evidence, commitment
J. Papik finds the district court properly reinstated the former psychiatric patient’s firearms rights which were restricted pursuant to his decades-earlier commitment for attempted suicide. The court found that the former patient had shown that he was not likely to act in a manner dangerous to the community and that the requested relief would not be contrary to public interest. No error of law or abuse of discretion is found. The mental health board has made no argument as to evidence sufficiency. Affirmed.
Court: Nebraska Supreme Court, Judge: Papik, Filed On: November 9, 2023, Case #: S-23-032, Categories: evidence, commitment, Firearms
J. Egan finds the trial court properly committed an individual. “The record contains clear and convincing evidence to support the trial court’s determination that appellant has a mental disorder and that he was a danger to himself and others due to that mental disorder.” Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: November 8, 2023, Case #: A179698, Categories: evidence, commitment
J. Lagesen finds the trial court erred in committed a woman against her will. “The record contains no evidence that the citation was provided to appellant before the hearing or that appellant’s appointed counsel met with appellant in advance of the hearing.” Reversed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: August 23, 2023, Case #: A177184, Categories: evidence, commitment
J. Jacquot finds the Psychiatric Security Review Board properly extended petitioner’s commitment. “Substantial evidence and reason support the PSRB’s determination that petitioner was not a proper subject for conditional release at the time of the hearing and its denial of petitioner’s request for a community evaluation.” Affirmed.
Court: Oregon Court of Appeals, Judge: Jacquot, Filed On: August 23, 2023, Case #: A175181, Categories: evidence, commitment
J. Tijerina finds that the lower court properly entered an order of civil commitment against the appellant pursuant to the Sexually Violent Predator Act. Contrary to the appellant's argument, the evidence sufficiently supports the jury's finding that "he suffers from a behavioral abnormality that makes him likely to engage in a predatory act of sexual violence." Affirmed.
Court: Texas Courts of Appeals, Judge: Tijerina, Filed On: August 10, 2023, Case #: 13-22-00467-CV, Categories: evidence, commitment
Per curiam, the Fifth Circuit finds the trial court properly committed defendant as a sexually violent predator near the end of his 13-year sentence for his conviction on two counts of aggravated sexual assault of a child. Defendant argues that the Sexually Violent Predator Act is so punitive that it constitutes a criminal, rather than civil statute, which violates his constitutional rights. Defendant has not properly alleged that there is no set of circumstances in which the SVPA would be valid. His motion for preliminary injunction is therefore moot. Affirmed in part. Dismissed in part.
Court: 5th Circuit, Judge: Per curiam, Filed On: August 8, 2023, Case #: 22-50413, Categories: Constitution, evidence, commitment
J. Bailey finds the lower court properly ordered an involuntary commitment, but improperly ordered special conditions for outpatient treatment. A 62-year-old Air Force veteran was involuntarily committed after failing to take his psychotropic medications and reported for displayed concerning behavior. While he voluntarily took medications for schizoaffective disorder while in inpatient care, his attending physician expressed concerns over his ability to continue medications, his advanced level of disability and potential to harm himself or others. The lower court agreed and ordered a temporary commitment with special conditions for release. While evidence is sufficient to support the involuntary commitment, the special conditions imposed for release or outpatient treatment are unwarranted as there is a lack of evidence to support the decision. Affirmed in part.
Court: Indiana Court Of Appeals, Judge: Bailey, Filed On: August 4, 2023, Case #: 23AMH490, Categories: evidence, commitment
J. Kamins finds the trial court properly committed the individual to the jurisdiction of the Psychiatric Security Review Board for up to 24 months. There is sufficient evidence that the individual is "extremely dangerous." Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: July 19, 2023, Case #: A178707, Categories: evidence, commitment
J. Kamins finds the Psychiatric Security Review Board erred in denying an individual's discharge. The Board’s “conclusion that petitioner’s dangerousness was 'because of’ his anxiety disorders is not supported by substantial evidence.” Reversed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: July 6, 2023, Case #: A174602, Categories: evidence, commitment
J. Golemon finds the trial court properly determined that defendant is a sexually violent predator, civilly committing him. The record shows that the evidence, including other, separate convictions for indecency with a child, was factually sufficient to support commitment. The jury heard expert testimony that defendant suffers from a behavioral abnormality as well as defendant's testimony that he does not pose a risk of reoffending. The Ninth District does not usurp the jury’s role to determine witness credibility, or the weight given the testimony. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: June 29, 2023, Case #: 09-22-00278-CV, Categories: evidence, Sex Offender, commitment
Per curiam, the appeals court finds the circuit court improperly ordered defendant involuntarily committed to the children and families department after both the state and the defense agreed she was incompetent to stand trial for first-degree murder. Despite the state and defense's agreement that defendant should be committed to the department's care for treatment, the parties also agreed she was unlikely to become competent in the future, and the latter finding goes against the requirement for clear and convincing evidence that treatment will restore competency in the "reasonably foreseeable future" mandated by Florida law and appellate court precedent. The department's motion for writ of certiorari is granted, the circuit court's commitment order is quashed and the matter is remanded for further proceedings.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: June 26, 2023, Case #: 22-2324, Categories: evidence, Murder, commitment
J. Rodriguez finds a lower court ruled correctly in civilly committing defendant as a sexually violent predator. Defendant raised a couple of issues with his conviction, including arguing a lower court abused its discretion by admitting the deposition transcript of an expert, but the expert was clear that she was not diagnosing defendant but rather making “diagnostic recommendations,” and the state established her “knowledge, skill, experience, and training.” Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: June 23, 2023, Case #: 08-22-00221-CV, Categories: evidence, commitment, Experts