13 results for 'cat:"Civil Procedure" AND cat:"Commitment"'.
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
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. 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. Williams finds that the lower court properly entered a final judgment and commitment order civilly committing the appellant under the Texas Civil Commitment of Sexually Violent Predators Act. The appellant contends that, based on the Texas Supreme Court's Stoddard opinion, "there are no issues that can be raised on appeal that would result in reversible error." The court concludes, however, that his argument "misses the mark." Affirmed.
Court: Texas Courts of Appeals, Judge: Williams, Filed On: February 8, 2024, Case #: 11-23-00191-CV, Categories: civil Procedure, commitment
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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
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
J. Stevens denies mandamus relief to the former inmate who sought to be released after he was civilly committed for treatment and supervision due to being deemed a sexually violent predator. The former inmate had only been in the supervision and treatment program for a month and failed to show his "behavioral abnormality had changed to the extent that he was no longer likely to engage in a predatory act of sexual violence."
Court: Texas Courts of Appeals, Judge: Stevens, Filed On: October 30, 2023, Case #: 06-22-00079-CV, Categories: civil Procedure, commitment
J. Theofanis finds that the trial court properly ruled to civilly commit the man as a sexually violent predator following a jury trial. The man argues that the trial court erred in rejecting his request to instruct the jury that he is “presumed not to be a sexually violent predator.” However, because he failed to object to the omission of the statement during the trial, this issue is waived. Affirmed.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: August 30, 2023, Case #: 03-23-00128-CV, Categories: civil Procedure, commitment