STATE v. LEITSCHUH

M00-0046; A110982.

47 P.3d 553 (2002)

182 Or. App. 146

In the Matter of Michael Leitschuh, Alleged to be a Mentally Ill Person. STATE of Oregon, Respondent, v. Michael LEITSCHUH, Appellant.

Court of Appeals of Oregon.

Decided June 5, 2002.


Attorney(s) appearing for the Case

George W. Kelly, Eugene, argued the cause and filed the brief for appellant.

Katherine T. Garrett, Assistant Attorney General, argued the cause for respondent. On the brief were Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Michael C. Livingston, Assistant Attorney General.

Before ARMSTRONG, Presiding Judge, and KISTLER, Judge, and VAN HOOMISSEN, Senior Judge.


PER CURIAM.

Appellant seeks reversal of his civil commitment order. He contends that the trial court erred when it failed to advise him of his rights under ORS 426.100(1). We reverse.

Appellant was being held in seclusion at the time of his scheduled mental commitment hearing. Before proceeding with the hearing, the judge visited appellant and concluded that

"the Court could, you know, have him shackled or handcuffed and brought into the hearing,...

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