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STATE v. AYALA
991 P.2d 1100 (1999)
Court of Appeals of Oregon.
Argued and Submitted September 14, 1999.

Second, relying on the state's materials, proffered for the first time on appeal, would effectively deprive appellant of her rights of confrontation and cross-examination. Bend Millwork v. Dept. of Revenue,285 Or. 577, 583-84, 592 P.2d 986 (1979). Because appellant's liberty interests are at stake in this civil commitment proceeding, we decline to consider medical evidence tendered without the procedural protections of confrontation and cross-examination.

We conclude that, due to the absence of evidence concerning gestational diabetes and the specific threat it posed to appellant and the fetus, there was not clear and convincing

[ 991 P.2d 1104 ]

evidence that appellant was unable to provide for her basic personal needs or that she was not receiving such care as was necessary for her health or safety.

Reversed.

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Footnotes

1. ORS 426.005(1) provides, in part:

"(d) `Mentally ill person' means a person who, because of a mental disorder, is one or more of the following:

"* * * * *

"(B) Unable to provide for basic personal needs and is not receiving such care as is necessary for health or safety."

2. We share the trial court's obvious frustration with the lack of medical evidence pertaining to gestational diabetes.

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STATE v. AYALA991 P.2d 1100 (1999)Court of Appeals of Oregon.Argued and Submitted September 14, 1999.

[ 991 P.2d 1104 ]

Footnotes

STATE v. AYALA
991 P.2d 1100 (1999)
Court of Appeals of Oregon.
Argued and Submitted September 14, 1999.