168 results for 'cat:"Commitment"'.
Per curiam, the court of appeals finds the trial court properly ordered psychoactive medication be involuntarily administered to the state hospital patient. The patient was found to be incompetent to stand trial on charges of aggravated sexual assault of a child, kidnapping and forced prostitution. The attending doctor filed the application to administer psychoactive medication because the patient suffers from schizoaffective bipolar disorder and refused to voluntarily take the prescribed antipsychotic. The patient lacks the capacity to make the decision and the medication is in his best interest. Affirmed.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: January 31, 2024, Case #: 12-23-00260-CV, Categories: Sex Offender, Kidnapping, commitment
J. Lowy finds that the defendant’s constitutional rights to due process were violated by his involuntary commitment. It is unconstitutional for a pretrial defendant to be detained for an evaluation and observation of competency without a judge finding via clear and convincing evidence that there are no less restrictive means to determine the defendant’s competency to stand trial.
Court: Massachusetts Supreme Court, Judge: Lowy, Filed On: January 25, 2024, Case #: SJC-13455, Categories: Constitution, Due Process, commitment
J. Lynch finds that the lower court properly declined to release plaintiff from placement in a behavioral health unit based on erratic public behavior. Her emergency admission was subsequently changed to involuntary retention, each of which permits a hearing under mental hygiene law, and plaintiff contended she had been shortchanged when her two hearings were combined. However, evidence indicates she suffered a mental illness and posed a risk of harm to herself. Her appeal was rendered moot after she was released from care, but the court applied a mootness exception to evaluate novel issues. Affirmed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: January 4, 2024, Case #: CV-22-2354, Categories: Civil Procedure, commitment
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J. Lavin finds that the lower court properly found defendant, age 70, a sexually violent person and committed him to a secure facility. The record shows that defendant did not object to the state's repeated continuances, so he was not denied a speedy trial. Further, the state's Sexually Violent Person petition was timely, as it could not be filed until defendant's prison term was over. Affirmed.
Court: Illinois Appellate Court, Judge: Lavin, Filed On: December 26, 2023, Case #: 220168, Categories: Sex Offender, commitment
J. Lynch finds that the lower court improperly granted an application to release plaintiff from confinement at a psychiatric center because expert testimony and medical records demonstrated plaintiff required involuntary care and treatment for her mental illness, which included delusional thinking and behavior that threatened herself and others. Reversed.
Court: New York Appellate Divisions, Judge: Lynch, Filed On: December 21, 2023, Case #: CV-23-1485, Categories: commitment
J. Kamins finds the trial court properly committed appellant and prohibited her from purchasing or possessing firearms. “Appellant suffers from schizoaffective disorder which renders her dangerous to herself.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: December 20, 2023, Case #: A179743, Categories: commitment
J. Egan finds the trial court properly committed appellant and issued an order prohibiting her from possessing firearms on the basis that she has a mental disorder that makes her a danger to herself and unable to provide for her basic needs. “Due to appellant’s lack of insight, if released, appellant would continue to engage in the same behavior that had led to her recent rape and assault, therefore making it highly probable that she would suffer physical harm in the near term.” Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: December 20, 2023, Case #: A179799, Categories: commitment
J. Crothers dismisses an appeal for lack of jurisdiction after an individual challenged the district court’s finding that he has serious difficulty controlling his sexual behavior. The individual failed to timely appeal from a court order for continued commitment after an annual review hearing to determine whether he remains a sexually dangerous individual.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: December 15, 2023, Case #: 2023ND232, Categories: commitment
J. Worthen finds the trial court properly ordered the mental health patient be involuntarily administered psychoactive medication. A treating physician offered specific testimony regarding consequences, prognosis and the absence of less intrusive treatments that are likely to produce the same results as medications. There is clear and convincing, legally sufficient evidence to support the order. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen , Filed On: December 14, 2023, Case #: 12-23-00243-CV, Categories: Civil Procedure, Health Care, commitment
Per curiam, the court of appeals denies the petition for mandamus seeking relief from an order denying the petitioner's request for release from his civil commitment as a sexually violent predator. The record shows he is a vexatious litigant, subject to a prefiling order prohibiting him from proceeding in the appeals court pro se without obtaining the permission of the appropriate local administrative judge.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: December 14, 2023, Case #: 09-23-00324-CV, Categories: Sex Offender, commitment
J. Guerrero finds the court of appeals improperly rejected defendant's argument the state hospital's certification of his return to competency ended his commitment within the 2-year statutory period. Defendant was charged with multiple sexually violent offenses and was designated for competency determination and restoration. He did not receive a court hearing on the hospital's determination of competence within the 2-year period due to Covid-19 delays and his incompetency commitment did not end with the mere filing of the certificate of restoration. Reversed.
Court: California Supreme Court, Judge: Guerrero , Filed On: December 14, 2023, Case #: S272129, Categories: Competence, Sex Offender, commitment
J. Wilkinson finds the lower court properly denied the defendant's motion for release from civil commitment under the Adam Walsh Act. The defendant, convicted of various crimes involving the sexual exploitation of minors, was civilly committed at the end of his 20-year sentence because the government found him to be sexually dangerous. The defendant seeking to be released told a psychologist that he did not believe pubescent boys were children and that sex with a pubescent boy was not abuse. The defendant failed to provide evidence that he is no longer sexually dangerous. Affirmed.
Court: 4th Circuit, Judge: Wilkinson, Filed On: December 12, 2023, Case #: 22-6118, Categories: Sex Offender, commitment, Child Victims
J. Wallach upholds the probate court's order authorizing the use of psychoactive medications on defendant, who was found incompetent to stand trial on aggravated robbery and assault with a deadly weapon charges. Evidence indicates defendant lacks the capacity to make decisions regarding his medications. Affirmed.
Court: Texas Courts of Appeals, Judge: Wallach, Filed On: December 7, 2023, Case #: 02-23-00290-CV , Categories: commitment
J. Egan finds the trial court properly committed an individual as a “person with mental illness.” It was highly probable that the individual presented a danger to herself and was unable to meet her basic needs. Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: November 29, 2023, Case #: A179244, Categories: commitment
J. Lagesen finds the trial court properly committed an individual. “Due to his mental disorder, his medical conditions, and lack of safe housing, [the individual] faces a nonspeculative risk of suffering a serious, life-threatening heart attack that compromises his survival.” Affirmed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: November 29, 2023, Case #: A180594, Categories: commitment
J. Pearson finds that the lower court properly ruled against the appellant in this civil commitment case and did not err in refusing his requested jury instruction. The jury charge "adequately presented the issue of the burden of proof to the jury." Affirmed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: November 28, 2023, Case #: 07-23-00208-CV, Categories: Jury, commitment
J. Tufte finds that the district court properly denied an individual's request for discharge from civil commitment. The individual was convicted of gross sexual imposition and indecent exposure, and was twice convicted of sexual assault. There is clear and convincing evidence that the individual has serious difficulty controlling his behavior based on both his past and present conduct. Affirmed.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: November 24, 2023, Case #: 2023ND218, Categories: Sex Offender, commitment
J. Thompson vacates an order of mandated in patient commitment of an 80-year-old woman who has been diagnosed with schizoaffective disorder, bipolar type. The lower court failed to wait for information about her possible neurological condition before ruling, and also failed to consider less restrictive alternatives. Vacated in part.
Court: DC Court of Appeals, Judge: Thompson, Filed On: November 22, 2023, Case #: 22-FM-0498, Categories: commitment
J. Marconi affirms an order granting a petition for guardianship over a man who was involuntarily committed, but vacates the order granting the petition for his nonemergency involuntary admission. It is unclear whether the man lived in New Hampshire at the time the emergency admission expired and the non-emergency involuntary admission petition was filed. Reversed in part.
Court: New Hampshire Supreme Court, Judge: Marconi, Filed On: November 16, 2023, Case #: 2021-0408, Categories: commitment, Due Process, Guardianship
J. Labrit finds that the trial court improperly subjected defendant to involuntary commitment since the state failed to demonstrate defendant would likely inflict serious bodily harm on himself or others. Reversed.
Court: Florida Courts Of Appeal, Judge: Labrit, Filed On: November 15, 2023, Case #: 2D22-2986, Categories: 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. Smith finds that the trial court improperly committed defendant to the care of the department of children and families after determining he was incompetent to proceed on criminal charges because evidence did not indicate defendant would respond to treatment or regain competency in the foreseeable future. Reversed.
Court: Florida Courts Of Appeal, Judge: Smith, Filed On: November 15, 2023, Case #: 2D23-873, Categories: Competence, Battery, 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