In Re: Maxwell, Alleged, Mentally Ill
| Decision Date | 22 July 1998 |
| Citation | 988 P.2d 939,164 Or.App. 171 |
| Parties | (Or.App. 1999) In the Matter of Tyrone B. Maxwell, Alleged to be a Mentally Ill Person. STATE OF OREGON, Respondent, v. TYRONE B. MAXWELL, Appellant. (57-97-09056; CA A99806) |
| Court | Oregon Court of Appeals |
v.
TYRONE B. MAXWELL, Appellant.
Appeal from Circuit Court, Lane County.
Maurice Merten, Judge.
Rebecca R. Davis filed the brief for appellant.
Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Denise G. Fjordbeck, Assistant Attorney General, filed the brief for respondent.
Before Edmonds, Presiding Judge, Deits, Chief Judge,* and Armstrong, Judge.
Affirmed.
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Notes:
*Deits, C.J. vice Warren, P.J., retired.
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Appellant appeals from an order determining that he is mentally ill and committing him to the Mental Health Division for a maximum period of 180 days. We discuss only his argument that the failure to provide him with a copy of the examiner's report at least 24 hours before the hearing, as ORS 426.074(3) requires, was error requiring reversal. Appellant's attorney did not object to the late delivery of the report or to its admission at the hearing, nor did the attorney seek a continuance in order to examine the report and prepare a defense. See ORS 426.095(2)(c).
Appellant relies on State v. Allison, 129 Or App 47, 877 P2d 660 (1994), in which we held that the trial court's failure to give the appellant the...
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State v. T. C. (In re T.C.)
...to correct the trial court's error in receiving the examiner's signed but unsworn reports." Id. at 650; see also State v. Maxwell, 164 Or.App. 171, 172, 988 P.2d 939 (1999), rev den, 330 Or. 71 (2000) (declining to reverse a civil commitment order because the error was not preserved). A sim......
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In re C.A.J.
... 213 P.3d 1279 ... 230 Or. App. 224 ... In the Matter of C.A.J., Alleged to be a Mentally Ill Person ... State of Oregon, Respondent, ... C.A.J., Appellant ... The state points out that the second argument was not preserved, citing State v. Maxwell, 164 Or.App. 171, 172, 988 P.2d 939 (1999), rev. den., 330 Or. 71, 994 P.2d 133 (2000) (failure ... ...
- In the Matter of M.T. v. M.T., 09503MC; A144286.
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State v. K.J.B. (In re K.J.B.)
...mental ill person 362 Or. 784and counsel at least 24 hours before the civil commitment hearing. ORS 426.074(3) ; see In re Maxwell , 164 Or. App. 171, 172, 988 P.2d 939 (1999), rev. den. , 330 Or. 71, 994 P.2d 133 (2000) (holding that providing the report at least 24 hours before hearing "i......