State v. S. M. B.
Annotate this Case
Download PDF
No. 466 September 27, 2017 91 IN THE COURT OF APPEALS OF THE STATE OF OREGON In the Matter of S. M. B., a Person Alleged to have a Mental Illness. STATE OF OREGON, Respondent, v. S. M. B., Appellant. Lincoln County Circuit Court 17CC00131, 17CC00132; A164229 (Control), A164230 Thomas O. Branford, Judge. Submitted August 4, 2017. Alexander C. Cambier and Multnomah Defenders, Inc., filed the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Robert M. Wilsey, Assistant Attorney General, filed the brief for respondent. Before Armstrong, Presiding Judge, and Tookey, Judge, and Shorr, Judge. PER CURIAM Reversed. 92 State v. S. M. B. PER CURIAM Appellant seeks reversal of a judgment committing him for a period not to exceed 180 days. ORS 426.130. Appellant contends, among other things, that the state failed to prove by clear and convincing evidence that, because of a mental disorder, he is unable to provide for his basic needs, ORS 426.005(1)(f)(B). The state concedes that the evidence is legally insufficient to support appellant’s involuntary commitment on that basis and that the judgment should be reversed. We agree, accept the state’s concession, and reverse the judgment of commitment. Reversed.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
