168 results for 'cat:"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
J. Dallet finds that, in light of a decision from the Wisconsin Supreme Court in 2021 that applies retroactively, the circuit court improperly denied as untimely the patient's jury demand ahead of his rescheduled final recommitment hearing even though it was filed at least 48 hours before the hearing. It is concluded that the order extending the patient's commitment for 12 months must be reversed, but the case will not be remanded to the circuit court because its extension order was reversed on appeal and it no longer has competency over the patient's case because the underlying commitment order has expired. Reversed.
Court: Wisconsin Supreme Court, Judge: Dallet, Filed On: June 29, 2023, Case #: 2022AP000140-FT, Categories: Judiciary, commitment
J. Jacquot finds the trial court properly continued an individual's involuntary civil commitment. The record was “legally sufficient, if just barely, to support court’s findings regarding appellant’s inability to meet his basic needs.” Affirmed.
Court: Oregon Court of Appeals, Judge: Jacquot, Filed On: June 28, 2023, Case #: A178759, Categories: commitment
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
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
J. Owens dismisses defendant's appeal from his conviction for abusive sexual contact of a child under age twelve. Defendant claimed that he was not informed that his plea could potentially lead to "subsequent civil commitment, community notification, and geographic restrictions on his residence and workplace." The panel held that defendant's plea was knowing and voluntary.
Court: 9th Circuit, Judge: Owens, Filed On: June 20, 2023, Case #: 21-10320, Categories: Sex Offender, Plea, commitment
J. Rodriguez finds a lower court ruled correctly in finding a man to be a sexually violent predator and civilly committing him. The man argued the jury had been unfairly prejudiced when the court allowed them to hear details of his adjudicated and unadjudicated offenses, but that evidence was provided with the “limited purpose of assisting the jury in weighing the experts’ opinions on the ultimate issue of [the man’s] behavioral abnormality” and did not unfairly prejudice him. Affirmed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: June 19, 2023, Case #: 08-22-00222-CV, Categories: Evidence, commitment, Due Process
J. Smith finds that the trial court properly found the individual to be a sexually violent predator. The individual failed to preserve his complaint regarding the lack of a limiting instruction given during the testimony of the state's expert witness. Affirmed.
Court: Texas Courts of Appeals, Judge: Smith, Filed On: June 14, 2023, Case #: 10-23-00020-CV, Categories: Jury, commitment
J. Cassel finds the district court properly added restrictions to the developmentally disabled patient’s treatment plan, who, in his court-ordered custody and treatment, still presents an ongoing threat of harm due to his sexual interest in children. The least restrictive alternative for treatment was found to be a shared living provider environment with no other participants and all-day supervision, including the monitoring of all electronic or telephonic communications. The court revoked internet access entirely, adding the requirement that the patient wear a GPS monitor, which he appeals. The added conditions conform to law, are supported by competent evidence and are not arbitrary, capricious or unreasonable. Affirmed.
Court: Nebraska Supreme Court, Judge: Cassel, Filed On: June 9, 2023, Case #: S-22-652, Categories: Civil Rights, Health Care, commitment
J. Carlyle finds that the lower court properly determined appellant to be a sexually violent predator in this civil commitment case. Contrary to his argument on appeal, the evidence sufficiently establishes the existence of a "behavioral abnormality." The statutory definition is not ambiguous, as he contends, and an expert witness testified as to the abnormality. Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: June 8, 2023, Case #: 05-21-01141-CV, Categories: Evidence, commitment, Experts
J. Breedlove finds that the lower court properly committed the appellant for treatment under the Texas Civil Commitment of Sexually Violent Predators Act. Contrary to the appellant's argument, the lower court did not err by admitting testimony regarding certain alleged offenses, which were unadjudicated. Affirmed.
Court: Texas Courts of Appeals, Judge: Breedlove, Filed On: June 7, 2023, Case #: 05-22-00299-CV, Categories: Evidence, commitment
J. Crothers finds that the district court properly denied defendant's petition for discharge from commitment as a sexually dangerous individual. Defendant was incarcerated after a conviction for gross sexual imposition in 1996. The lower court was correct in holding that defendant has serious difficulty controlling his behavior. Affirmed.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: June 1, 2023, Case #: 2023ND99, Categories: Sex Offender, commitment
J. Jensen finds that the district court properly determined that defendant has serious difficulty controlling his behavior after he was placed in civil commitment as a sexually dangerous individual. However, the court exceeded it's authority under North Dakota Century Code. Affirmed in part.
Court: North Dakota Supreme Court, Judge: Jensen, Filed On: May 30, 2023, Case #: 2023ND100, Categories: Sex Offender, commitment
J. Lorello dismisses this appeal of a decision of the district court, on intermediate appeal from the magistrate court, affirming an order for involuntary commitment. A physician reported that the subject, who weighed only 90 pounds at six feet tall, had “one leg swollen with maggots” and had not bathed in months at the direction of “voices.” Examiners certified that he was disabled by schizophrenia and that he refused hospitalization. He has not established a reasonable expectation that the alleged error that he consistently refused treatment will reoccur. His involuntary commitment has terminated, rendering moot the issues on appeal.
Court: Idaho Court Of Appeals, Judge: Lorello, Filed On: May 25, 2023, Case #: 49496, Categories: Health Care, commitment