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112 Or. App. 317

State v. Schuster

Court of Appeals of Oregon

Decided April 8, 1992

Court of Appeals of Oregon · decided 1992-04-08

Applies OR 426 § 426.005

Decided 1992-04-08

PER CURIAM

¶1In this mental commitment case, the state concedes that the trial court erred in finding appellant to be a mentally ill person within the meaning of ORS 426.005(2). Nonetheless, we are required to conduct a de novo review.

¶2On the basis of that review, we agree with the state: “This is one of those cases where the relationship between [the] appellant’s medical condition and her emotional lability[1] cannot be gleaned from [the] record.”

¶3Reversed.

¶4 Yes, lability, or the state of being labile: “[R]eadily or continually undergoing chemical or physical or biological change or breakdown.” Webster’s Third New International Dictionary 1259 (unabridged 1971).

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