State v. C. T. B.

Summary

The Oregon Court of Appeals held that an appeal from an assisted outpatient treatment order was not moot because the order could carry continuing collateral consequences. The court reversed after concluding that the trial court plainly erred by ordering the appellant to remain confined for up to five additional days after determining that he was not a person with mental illness, contrary to ORS 426.130(2)(b).

Holdings

1. The appeal was not moot because the limited judgment's findings concerning appellant's mental condition and compelled treatment could produce continuing legal and practical consequences, and the state failed to establish that the identified collateral consequences were nonexistent or legally insufficient.
2. Once the trial court determined that appellant was not a person with mental illness who was in need of treatment, it lacked statutory authority to continue his detention; ordering confinement for up to five additional days was plain error under ORS 426.130(2)(b).

Questions Presented

1. Whether the appeal was moot after the trial court dismissed the case following appellant's alleged noncompliance with assisted outpatient treatment conditions.
2. Whether the trial court plainly erred by ordering appellant to remain confined for up to five additional days after determining that he was not a person with mental illness.
3. Whether the trial court improperly continued the proceedings beyond the statutory seven-day limit.
4. Whether the trial court erred by conducting a subsequent hearing at which appellant appeared without appointed counsel.

Disposition

reversed