In re N.E.P., 110519 NCCA, COA 19-366

Docket Nº:COA 19-366
Opinion Judge:YOUNG, JUDGE
Party Name:IN THE MATTER OF: N.E.P.
Attorney:Attorney General Joshua H. Stein, by Assistant Attorney General Jessica Macari, for the State. Appellate Defender Glenn Gerding, by Assistant Appellate Defender, Heidi Reiner, for defendant-appellant.
Judge Panel:Judges DIETZ and INMAN concur.
Case Date:November 05, 2019
Court:Court of Appeals of North Carolina
 
FREE EXCERPT

IN THE MATTER OF: N.E.P.

No. COA 19-366

Court of Appeals of North Carolina

November 5, 2019

An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure.

Heard in the Court of Appeals 16 October 2019.

Appeal by respondent from order entered 16 November 2018 by Judge Lou Trosch in Mecklenburg County District Court No. 18 SPC 10013.

Attorney General Joshua H. Stein, by Assistant Attorney General Jessica Macari, for the State.

Appellate Defender Glenn Gerding, by Assistant Appellate Defender, Heidi Reiner, for defendant-appellant.

YOUNG, JUDGE

This appeal arises out of an involuntary commitment order. The respondent failed to preserve the issues on appeal, and this Court is unpersuaded by her request to review her arguments in our discretion. Accordingly, we dismiss.

I. Factual and Procedural History

On 24 October 2018, N.P.'s son filed a petition seeking involuntary commitment of N.P. because she was making threats to kill others, yelling, was paranoid that her house was bugged, and she thought that her son had been cloned. The son stated that N.P. calls him 40 times a day, and calls police so often that they were considering filing charges against N.P. On 25 October 2018, N.P. went to the hospital where the physician found her to be mentally ill and a danger to herself and others. She was then transferred to the 24-hour facility Carolinas HealthCare System Behavioral Health-Davidson ("Behavioral Health"). A second examination on 26 October 2018, approximately 28 hours later, found N.P. "delusional, paranoid, anxious, disorganized [and] refusing medication." N.P. was held at Behavioral Health for 21 days until her initial commitment hearing.

A hearing was noticed for 2 November 2018, and N.P. had counsel; however, the hearing was continued to 9 November 2018 to resolve a communication issue. On 9 November 2018, N.P.'s attorney and the judge signed a Motion and Order to Continue Commitment Hearing. The hearing...

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