168 results for 'cat:"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. Birkett finds that the lower court properly ordered the Department of Corrections to decide on defendant's fitness restoration treatment, after finding defendant unfit to communicate with counsel. Commitment without treatment is unjust given there is no realistic chance defendant will recover from his mental illness without treatment. The Department must provide treatment and report every 90 days on defendant's fitness and treatment status. Affirmed.
Court: Illinois Appellate Court, Judge: Birkett, Filed On: August 21, 2023, Case #: 220065, Categories: commitment
J. Grimes finds that the trial court properly interpreted statute to conclude that a conservator cannot require an insurer to undertake an emergency mental health assessment of an insured conservatee. The assessment process may only be initiated by peace officers and certain designated professionals, and an assessment is not triggered until the conservatee is in custody or under medical care for an emergency medical condition. Affirmed.
Court: California Courts Of Appeal, Judge: Grimes, Filed On: August 18, 2023, Case #: B318650, Categories: commitment
J. Rodriguez finds a lower court ruled correctly in revoking defendant’s community supervision for violating a protective order after he allegedly failed to submit to required drug testing. Defendant argued the revocation was “unduly influenced by a pending murder charge against him,” but defendant was aware of his probation requirements and therefore “[d]ue process was satisfied.” Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: August 16, 2023, Case #: 08-23-00120-CR, Categories: Bail, Due Process, commitment
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[Consolidated.] J. Mann finds that the lower court properly denied defendant's request for an unconditional release trial after he was civilly committed under the sexually violent predator act and later deemed to still meet the definition of a sexually violent predator. The expert testimonies used to come to these conclusions were proper and his due process rights have not been violated due to the state following the annual review process to ensure that he is still determined to be mentally dangerous. Affirmed.
Court: Washington Court Of Appeals, Judge: Mann, Filed On: August 14, 2023, Case #: 82912-2-I, Categories: commitment
Per curiam, the court of appeals vacates the superior court's order that defendant remain in inpatient treatment pending the filing of a civil-commitment case. Defendant was due certain findings before the order was made, including a determination whether he has a mental illness, and whether he is a danger to himself or others. Vacated.
Court: DC Court of Appeals, Judge: Per curiam, Filed On: August 10, 2023, Case #: 23-CO-0233, Categories: commitment, Due Process
J. Fisher finds that the lower court improperly dismissed a retention order for defendant after he was committed to a state facility for a "dangerous mental disorder" following his guilty plea to sexual misconduct at a group home. Expert testimony established that, despite making improvements, defendant continued to be qualified as mentally ill and that his developmental disabilities required continued retention in a state treatment facility. Reversed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: August 10, 2023, Case #: CV-22-2361, Categories: commitment, Experts
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
J. May finds that the trial court properly ruled regarding a commitment. The evidence showed that the individual was mentally ill and a danger to himself and others, and the trial court correctly found that his commitment should continue. Affirmed.
Court: Indiana Court Of Appeals, Judge: May, Filed On: August 8, 2023, Case #: 22A-MH-3071, Categories: 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. Korman dismisses a woman’s civil rights suit alleging the New York City police department entered her apartment without a warrant during a wellness check and involuntarily committed her to a mental health institution after determining she was mentally unfit. Her mother had called the authorities claiming she had stopped taking her medication for her bipolar disorder for the last eight months and had begun hallucinating. Her allegations that the mental health facility failed to follow the requisite procedures are contradicted by her medical records, and she fails to allege any facts that would lead a jury to believe the department failed to properly train its officers in regards to wellness checks.
Court: USDC Eastern District of New York, Judge: Korman, Filed On: August 7, 2023, Case #: 1:21cv6599, NOS: Other Civil Rights - Civil Rights, Categories: Health Care, commitment, Police Misconduct
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. Valenzuela upholds defendant's civil commitment for sex offender treatment and supervision after he was adjudged a sexually violent predator. Any error regarding a commitment question posed to a juror is harmless given the substantial evidence supporting the jury's verdict. Affirmed.
Court: Texas Courts of Appeals, Judge: Valenzuela, Filed On: August 2, 2023, Case #: 04-22-00324-CV, Categories: commitment
J. Vaidik finds that trial court properly ruled in an involuntary commitment case. The evidence showed that the individual suffered from mental health issues and could not meet her own basic needs, and that the commitment was warranted. Affirmed.
Court: Indiana Court Of Appeals, Judge: Vaidik, Filed On: August 1, 2023, Case #: 23A-MH-114, Categories: commitment
J. Worthen finds the county court properly authorized administration of psychoactive medication to the defendant who was found incompetent to stand trial and was committed to the state hospital. The treating physician testified that defendant would regain competency more quickly if the medications are administered, that the medications constitute the proper course of treatment, the benefits outweigh the risks and that the medications are in defendant’s best interest. She also testified that no alternatives were available. There was no disputed evidence that the trial court could not reasonably have resolved in favor of its ruling. Affirmed.
Court: Texas Courts of Appeals, Judge: Worthen, Filed On: July 31, 2023, Case #: 12-23-00143-CV, Categories: commitment, Competence
J. Gonzalez finds that the lower court improperly allowed involuntary treatment petitions to be filed against two individuals held at a hospital and continued to be held well after the commitment orders had expired. While a third individual in this case was held under a valid court order, the state "totally disregarded" the rights of two others under the Involuntary Treatment Act when it simply began new involuntary treatment proceedings when it realized the older court orders expired. Filing new involuntary treatment proceedings while someone is already being held without authority is blatantly unacceptable under the law, and so those petitions are remanded for dismissal. Reversed in part.
Court: Washington Supreme Court, Judge: Gonzalez, Filed On: July 27, 2023, Case #: 100668-3, Categories: commitment, Due Process
J. Wright finds that the trial court properly denied the civilly committed sexually violent predator's application for writ of habeas corpus. The ward left his court-ordered residence while his initial appeal was pending and failed to establish that good cause existed to retain his appeal, which was dismissed with prejudice. He brings 23 issues on this appeal, which are all overruled or moot. Affirmed.
Court: Texas Courts of Appeals, Judge: Wright , Filed On: July 27, 2023, Case #: 09-22-00219-CV, Categories: commitment, Habeas
J. Whitener finds that the lower court improperly refused to dismiss an involuntary treatment petition against an individual. The individual was held after the involuntary 72-hour hold had expired, despite the individual asking to leave. The state instead evaluated him for a new 72-hour hold the day after the expiration and filed for a 14-day commitment order. That petition was granted, but the matter should have been dismissed because even being kept overnight after a hold order has expired is a violation of the Involuntary Treatment Act. Reversed.
Court: Washington Supreme Court, Judge: Whitener, Filed On: July 27, 2023, Case #: 100716-7, Categories: commitment, Due Process
J. Carr finds that defendant was properly committed as a sexually violent predator because evidence indicated he consistently abused his half sisters as well as strangers and that he suffered a mental abnormality justifying commitment. Affirmed.
Court: Iowa Court Of Appeals, Judge: Carr, Filed On: July 26, 2023, Case #: 22-0855, Categories: Sex Offender, commitment
J. Scudder finds that the lower court improperly issued a permanent injunction against a state confinement center for dangerous sex offenders requiring it to provide inmates with a minimum of 7.5 hours of therapy per week, and use independent evaluators to perform discharge evaluations. The injunction is overbroad under the Prison Litigation Reform Act because it places requirements on the state that are greater than what the constitution requires, and is too specific, without leaving the facility flexibility to base its programs on actual need. Reversed.
Court: 7th Circuit, Judge: Scudder, Filed On: July 24, 2023, Case #: 22-1368, Categories: Constitution, commitment, Restraining Order
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. Smith finds that the district court properly committed defendant, who suffers from schizophrenia, after he was convicted of being a felon in possession of a firearm. The underlying offense was non-violent, but defendant carried the gun for fear of being pursued by a drug cartel and had declared as recently as 2020 that he would execute federal agents after being released from prison. Affirmed.
Court: 8th Circuit, Judge: Smith, Filed On: July 18, 2023, Case #: 22-2403, Categories: Firearms, commitment
Per curiam, the Texas Supreme Court conditionally grants the civilly committed individual's petition for mandamus relief. The individual petitioned the court of appeals for writ of habeas corpus and alternatively requested that the court consider it a petition for a writ of mandamus. The court of appeals must reconsider the individual's habeas corpus petition as a petition for writ of mandamus per his request.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: July 14, 2023, Case #: 22-1076 , Categories: commitment, Habeas
J. Bassett finds that the lower court did not err in ordering the defendant to be involuntarily admitted to the Secure Psychiatric Unit (SPU) of the state prison for three years with a conditional discharge if clinically appropriate. Even if her past attempts at harming others were unsuccessful, she has established that she poses a high likelihood of being dangerous to others in the future, because in the past she created explosive devices and put them in people’s cars and attempted to enter the house of someone she was not allowed to contact as a condition of her bail equipped with hypodermic needles, OxyContin, pliers, a screwdriver and a boxcutter.
Court: New Hampshire Supreme Court, Judge: Bassett, Filed On: July 13, 2023, Case #: 2021-0525, Categories: commitment
J. Ortega finds the trial court erred in issuing a summary contempt judgment against the Oregon Health Authority for failure to transfer a civilly committed person to either a secured treatment facility or the Oregon State Hospital. “It was not conduct that occurred in the courtroom during a judicial proceeding, nor was it conduct that the judge personally witnessed.” Reversed.
Court: Oregon Court of Appeals, Judge: Ortega, Filed On: July 12, 2023, Case #: A179181, Categories: Contempt, commitment
Per curiam, the appellate division finds that the lower court properly granted the state's application for continued confinement of a schizophrenic man who killed his building superintendent, believing the superintendent wanted to hurt him and his granddaughter. The record supports a finding that the man still suffers from a dangerous mental disorder and transfer to a non-secure facility might place endanger staff and other patients. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: July 6, 2023, Case #: 03751, Categories: commitment