168 results for 'cat:"Commitment"'.
J. Wood finds the county juvenile division properly granted the state’s motion for extended juvenile jurisdiction. Responding to a 911 call, officers discovered the 14-year-old defendant and his 10-year-old brother standing outside the residence with his mother and another 16-year-old brother lying inside with multiple stab wounds. An agreed not-fit-to-proceed commitment order was entered upon a medical diagnosis of defendant as having several disorders, including ADHD, other impairments and an IQ of 76. The state’s motion was not clearly erroneous. The court properly considered each factor, making written findings supported by the evidence. Defendant's argument involving his claims the murder was accidental asks the appeals court to reweigh evidence. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: May 15, 2024, Case #: CR-23-655, Categories: Juvenile Law, Murder, commitment
J. Lagesen finds the trial court properly committed an individual. “There is no indication that appellant attempted to exercise his right to counsel before the court appointed counsel.” Affirmed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: May 15, 2024, Case #: A181724, Categories: commitment
J. MacDonald reverses the granting of a state’s motion to allow the medical and mental health records of a man to be released to a physician designated by the state to assess the appropriateness of involuntary commitment of the man. The trial court failed to address whether either of the grounds necessary for disclosing privileged information could be met here. Vacated.
Court: New Hampshire Supreme Court, Judge: MacDonald, Filed On: May 14, 2024, Case #: 2023-0210, Categories: commitment, Privacy, Privilege
J. Bowes finds that the lower court properly denied defendant’s petition to expunge his involuntary mental health commitment via the Mental Health Procedures Act. Defendant’s commitment was done in strict accordance with the Act after a sergeant dispatched to his house found that he hadn’t slept in three days, had barricaded children in a bedroom closet, and was incapable of maintaining household cleanliness. Affirmed.
Court: Pennsylvania Superior Court, Judge: Bowes, Filed On: May 13, 2024, Case #: J-A29003-23, Categories: Civil Procedure, commitment
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J. Aoyagi finds the trial court properly committed an individual based on her inability to care for her personal needs due to an intellectual disability. She was advised of her right to an attorney and the trial court appointed suitable legal counsel for her. Affirmed.
Court: Oregon Court of Appeals, Judge: Aoyagi, Filed On: May 8, 2024, Case #: A180977, Categories: commitment
J. Davenport finds that the lower court properly ordered defendant committed as a sexually violent person. It is not apparent from the record that defendant is no longer a sexually violent person, notwithstanding his age, and this court may not reweigh the evidence. Affirmed.
Court: Illinois Appellate Court, Judge: Davenport, Filed On: May 7, 2024, Case #: 230334, Categories: Sex Offender, commitment
J. Soud finds defendant's habeas corpus petition to be released from his involuntary commitment subsequent to his being found guilty of first-degree homicide for the premeditated murder of his wife must be denied. Ample evidence in the record supports the conclusion that defendant's mental illness continues to make him a manifest danger to himself or others, so his petition will not be granted.
Court: Florida Courts Of Appeal, Judge: Soud, Filed On: May 3, 2024, Case #: 24-0663, Categories: Habeas, Murder, commitment
J. Tufte finds that the district court properly denied an individual's discharge petition from civil commitment. The court held that the individual is a sexually dangerous individual who has serious difficulty controlling his behavior. Affirmed.
Court: North Dakota Supreme Court, Judge: Tufte, Filed On: May 2, 2024, Case #: 2024ND83, Categories: commitment
J. Egan finds the trial court properly committed an individual. “Appellant’s behavior prior and up to the commitment hearing provided the trial court sufficient evidence to determine that appellant was” highly likely to engage in violent behavior. Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: May 1, 2024, Case #: A180059, Categories: commitment
J. Virden finds the circuit court properly granted the behavioral health facility's petition to involuntarily commit the psychiatric patient. The patient absconded after a supervisory petition was granted, then was admitted to the facility with exacerbated psychosis. The patient, diagnosed with bipolar mania, has not complied with medication requirements and has refused therapy. She has been uncooperative, irritable and paranoid, has demonstrated poor judgement, and lacks insight into her condition. She has also been arrested for assault and presents a danger to herself and others. The appeals court defers to the circuit court's superior position. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Virden , Filed On: May 1, 2024, Case #: CV-23-465, Categories: Administrative Law, Health Care, commitment
J. Carney finds the Superior court properly committed appellant for mental illness that could make him a danger to others. “Psychiatrist’s testimony supports finding [that appellant’s] impulse control disorder was more than his developmental and intellectual disabilities, satisfying the statutory definition of mental illness.” Affirmed.
Court: Alaska Supreme Court, Judge: Carney, Filed On: April 26, 2024, Case #: S-18282, Categories: commitment
J. Singh finds that the lower court improperly found defendant does not suffer from a mental abnormality that predisposes him to commit sexual offenses by conflating legal standards in its assessments of the state's case. Further, the court improperly relied upon extra-record psychological research on several important issues, such as the effect of opioid use on sexual offending without notifying the parties. Reversed.
Court: New York Appellate Divisions, Judge: Singh, Filed On: April 23, 2024, Case #: 02158, Categories: Sex Offender, commitment
[Modified.] J. Snauffer makes two changes to a previously published opinion with no change in judgment. The trial court lacked jurisdiction to recalculate defendant's maximum term of commitment for a plea of not guilty by reason of insanity to stalking and criminal threat charges. The rule that a trial court is deprived of jurisdiction to recalculate the sentence for a defendant who has begun serving time also applies to a recalculation of the term of commitment for a defendant whose period of commitment has commenced. Reversed.
Court: California Courts Of Appeal, Judge: Snauffer, Filed On: April 17, 2024, Case #: F085699, Categories: Threats, Jurisdiction, commitment
J. Gamble finds that plaintiff was properly placed in residential care after being found to be seriously mentally impaired because several mental health diagnoses, including schizophrenia, indicated he posed a danger to himself. Affirmed.
Court: Iowa Court Of Appeals, Judge: Gamble, Filed On: April 10, 2024, Case #: 23-1336, Categories: commitment
J. Yarbrough finds that the lower court properly dismissed this negligence lawsuit brought by an individual who is committed in the Texas Civil Commitment Center based on a lack of jurisdiction. Though a plaintiff generally has a right to amend in order to "cure a jurisdictional defect," in this case amending the pleadings would not cure the defect. The court finds that he did not file suit in the committing court. Affirmed.
Court: Texas Courts of Appeals, Judge: Yarbrough, Filed On: April 4, 2024, Case #: 07-23-00263-CV, Categories: Civil Procedure, commitment, Jurisdiction
J. Snauffer finds that the trial court lacked jurisdiction to recalculate defendant's maximum term of commitment for a plea of not guilty by reason of insanity to stalking and criminal threat charges. The rule that a trial court is deprived of jurisdiction to recalculate the sentence for a defendant who has begun serving time also applies to a recalculation of the term of commitment for a defendant whose period of commitment has commenced. Reversed.
Court: California Courts Of Appeal, Judge: Snauffer, Filed On: April 4, 2024, Case #: F085699, Categories: Threats, Jurisdiction, 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
Per curium, the circuit court finds that the lower court properly issued a second commitment order against defendant. A fourth-month limitation "did not bear on the court's authority" to issue the order. Affirmed.
Court: 11th Circuit, Judge: Per curiam, Filed On: April 1, 2024, Case #: 23-11349, Categories: commitment
J. Bailey finds that the lower court properly entered a civil commitment order pursuant to the Texas Civil Commitment of Sexually Violent Predators Act. The lower court did not err by denying the appellant's request for a mistrial, in which he argued that the venire panel saw him "in jail attire and restraints." Affirmed.
Court: Texas Courts of Appeals, Judge: Bailey, Filed On: March 28, 2024, Case #: 11-22-00046-CV, Categories: commitment
J. Bower finds that plaintiff was properly committed to a mental institution against his will because he was psychotic and extremely malnourished, and he threatened to commit self harm and to harm others. Affirmed.
Court: Iowa Court Of Appeals, Judge: Bower, Filed On: March 27, 2024, Case #: 23-0758, Categories: commitment
[Modified.] J. Earl denies a rehearing and modifies the last paragraph of a previously published opinion with no change in judgment. 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 26, 2024, Case #: C095986, Categories: Sentencing, Battery, 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
[Consolidated.] J. Lambert finds that a man was properly involuntarily committed to the Kentucky Correctional Psychiatric Center pursuant to Kentucky Revised Statutes Chapter 202C after he bludgeoned his caretaker to death in a schizophrenic episode. He was found incompetent to stand trial with no reasonable prospect for improvement and was a danger to himself and others. Affirmed.
Court: Kentucky Court Of Appeals, Judge: Lambert, Filed On: March 15, 2024, Case #: 2022-CA-1016-MR, Categories: 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