MATTER OF MATTHEWS

No. 57-79-11052; CA 16455.

613 P.2d 88 (1980)

46 Or.App. 757

In the matter of Joseph M. Matthews Alleged to Be a Mentally Ill Person. The State of Oregon, Respondent, v. JOSEPH M. MATTHEWS, Appellant.

Court of Appeals of Oregon.

Decided June 23, 1980.


Attorney(s) appearing for the Case

Ross M. Shepard, Asst. Director, Public Defender Services of Lane County, Inc., Eugene, argued the cause and filed the brief for appellant.

James C. Rhodes, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James M. Brown, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before GILLETTE, P.J., and ROBERTS and CAMPBELL, JJ.


GILLETTE, Presiding Judge.

This is an appeal from an order of commitment finding appellant to be a mentally ill person as defined in ORS 426.005(2). The sole issue on appeal is whether an alleged mentally ill person has a right to remain silent in a civil commitment proceeding. The trial court concluded that the Fifth Amendment privilege did not apply and directed appellant to speak. We affirm.

Initially the state contends that, because appellant did not refuse...

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