State v. M. J. M. (In re M. J. M.)
| Court | Court of Appeals of Oregon |
| Citation | 301 Or.App. 638,456 P.3d 363 |
| Docket Number | A169277 |
| Parties | In the MATTER OF M. J. M., a Person Alleged to have Mental Illness. State of Oregon, Respondent, v. M. J. M., Appellant. |
| Decision Date | 02 January 2020 |
301 Or.App. 638
456 P.3d 363
In the MATTER OF M. J. M., a Person Alleged to have Mental Illness.
State of Oregon, Respondent,
v.
M. J. M., Appellant.
A169277
Court of Appeals of Oregon.
Submitted September 12, 2019.
January 2, 2020
Joseph R. DeBin and Multnomah Defenders, Inc., filed the brief for appellant.
Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General, filed the brief for respondent.
Before Ortega, Presiding Judge, and Shorr, Judge, and James, Judge.
ORTEGA, P. J.
Appellant seeks reversal of the judgment committing her to the custody of the Mental Health Division for a period not to exceed 180 days. ORS 426.130(1)(a)(C). Appellant does not challenge the conclusion that she has a mental illness; instead, she argues that the trial court erred in concluding that she was unwilling to participate in voluntary treatment. ORS 426.130(1)(a)(A). Because we conclude that the record supports the trial court’s conclusion that appellant failed to meet her burden of establishing by a preponderance of the evidence that she was willing and able to participate in voluntary treatment and will probably do so, we affirm.
Neither party has requested de novo review, and we do not view this as an exceptional case warranting such review. See ORAP 5.40(8)(c). Therefore, we review the sufficiency of the evidence supporting appellant’s commitment for legal error and are "bound by the trial court’s findings of historical fact that are supported by any evidence in the record[.]" State v. R. E. , 248 Or. App. 481, 483, 273 P.3d 341 (2012). We state the relevant facts "consistently with the trial court’s express and implied findings, as supplemented with uncontroverted contextual information from the record." State v. B. B. , 240 Or. App. 75, 77, 245 P.3d 697 (2010) (citation and internal quotation marks omitted).
Appellant had a history of mental health issues (recurrent and severe major depression and borderline personality disorder ) and suicide attempts. In the events leading up to her hospitalization, police responded to appellant’s house after a medical staff person reported that appellant had disclosed plans to commit suicide. Upon arriving, police found a loaded rifle and several bottles of medication inside appellant’s house. After investigating the scene and asking appellant regarding her suicide plans, the police believed she would carry out her plans and took her into custody. A certified mental health investigator concluded that appellant would not benefit from a program of voluntary treatment and recommended that she remain in custody.
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State v. M. J. F. (In re M. J. F.), A171146
...we are "bound by the trial court's findings of historical fact that are supported by any evidence in the record[.]" State v. M. J. M ., 301 Or. App. 638, 639, 456 P.3d 363 (2020) (quoting State v. R. E ., 248 Or. App. 481, 483, 273 P.3d 341 (2012) ). We state the facts in light of that stan......
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State v. A. C. (In re A. C.), A168312
...We are bound by the trial court's findings of historical fact that are supported by any evidence in the record. State v. M. J. M ., 301 Or. App. 638, 639, 456 P.3d 363 (2020).Appellant is 30 years old and has a history of autism spectrum disorder. He has lived with his father since he was a......
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State v. J. D. (In re J. D.), A172436
...preponderance of the evidence that the person is willing and able to participate in treatment on a voluntary basis. State v. M. J. M ., 301 Or. App. 638, 641, 456 P.3d 363 (2020). Appellant testified that he was previously enrolled in and plans to attend an intensive out-patient treatment p......
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State v. J. D. (In re J. D.), A172436
...a preponderance of the evidence that the person is willing and able to participate in treatment on a voluntary basis. State v. M. J. M., 301 Or.App. 638, 641, 456 P.3d 363 (2020). Appellant testified that he was previously enrolled in and plans to attend an intensive out-patient treatment p......