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State v. Baker

Oregon Court of Appeals
Jul 27, 2005
117 P.3d 300 (Or. Ct. App. 2005)

Opinion

30-04-16615; A126301.

Submitted on record and briefs June 3, 2005.

Reversed July 27, 2005.

Appeal from Circuit Court, Lane County.

Maurice K. Merten, Judge.

James A. Palmer filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Anna M. Joyce, Assistant Attorney General, filed the brief for respondent.

Before Landau, Presiding Judge, and Brewer, Chief Judge, and Armstrong, Judge.


PER CURIAM

Reversed.


In this civil commitment case, the trial court found that appellant is a danger to herself and to others because of a mental disorder. ORS 426.005(1)(d)(A). On appeal, appellant argues that the evidence in the record is not sufficient to support the trial court's findings. The state concedes that, based on the clear and convincing evidence standard that the statute requires, ORS 426.130, the evidence is insufficient. After reviewing the record, we conclude that appellant and the state are correct.

Reversed.


Summaries of

State v. Baker

Oregon Court of Appeals
Jul 27, 2005
117 P.3d 300 (Or. Ct. App. 2005)
Case details for

State v. Baker

Case Details

Full title:In the Matter of Judith D. Baker, Alleged to be a Mentally Ill Person…

Court:Oregon Court of Appeals

Date published: Jul 27, 2005

Citations

117 P.3d 300 (Or. Ct. App. 2005)
117 P.3d 300