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MATTER OF BARKER

No. M-79-2-9; CA 13677.

600 P.2d 958 (1979)

42 Or.App. 563

In the matter of Thomas Barker Alleged to Be a Mentally Ill Person. State of Oregon, Respondent, v. THOMAS BARKER, Appellant.

Court of Appeals of Oregon.

Decided October 8, 1979.

Attorney(s) appearing for the Case

John H. Mayfield, III, Oregon City, argued the cause and filed the brief for appellant.

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

Before JOSEPH, P.J., and LEE and RICHARDSON, JJ.

JOSEPH, Presiding Justice.

Defendant appeals from an order committing him to the Mental Health Division pursuant to ORS 426.130(3). We review de novo,1 and we reverse.

A petition for the involuntary commitment of the defendant was filed by one of defendant's neighbors and by his own father. Defendant was served with the citation at his home by police officers, and after locking his home he went with the officers to Dammasch...

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