STATE v. HITT

00M0010; A111976

41 P.3d 434 (2002)

179 Or. App. 563

In the Matter of Charles Hitt, Alleged to be a Mentally Ill Person. STATE of Oregon, Respondent, v. Charles HITT, Appellant.

Court of Appeals of Oregon.

Decided February 20, 2002.


Attorney(s) appearing for the Case

James A. Palmer, Eugene, argued the cause and filed the brief for appellant.

David F. Coursen, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before HASELTON, Presiding Judge, and LINDER and WOLLHEIM, Judges.


HASELTON, P.J.

Appellant challenges an order continuing his civil commitment pursuant to ORS 426.307. We conclude on de novo review, State v. O'Neill, 274 Or. 59, 61, 545 P.2d 97 (1976), that the state failed to adduce "clear and convincing" evidence that appellant was dangerous to others or incapable of providing for his basic needs. ORS 426.005(1)(d)(A), (B). Accordingly, we reverse.1<...

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