Recently, in State v. S.E.R., the Oregon Court of Appeals overturned (yet another) civil commitment order. The issue before the court was whether the evidence presented at the commitment hearing had been sufficient to prove that she was “[d]angerous to self or others” within the meaning of ORS 426.005(1)(f)(A). A person is “dangerous to self”… Read More
A news story about the crisis at Oregon State Hospital, where a number of my clients are currently being “restored” to “fitness”: “WE HAVE NO SOLUTION” In this case, the above quote is from a government lawyer speaking about Oregon’s systematic violations of mentally ill people’s legal rights. But it could be the government’s rallying… Read More
In State v. Craigen 296 Or App 772 (March 27, 2019), the Court of Appeals held that the trial Court had erred when it determined that evidence of defendant’s depression and brain injury could not be considered in connection with defendant’s EED (Extreme Emotional Disturbance) defense. Under Oregon case law, a defendant’s “personal characteristics” are… Read More