Public-domain · open source
OpenJurist

196 Or. App. 501

102 P.3d 757

State v. Beil

Court of Appeals of Oregon

Decided December 8, 2004

Court of Appeals of Oregon · decided 2004-12-08

Cited by 4 later decisions — most recently July 2009

4 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2004-12-08

View the full empirical analysis of this case →

*508DEITS, P. J. pro tempore,

¶1concurring.

¶2I agree with the majority’s disposition of this matter. I write only to emphasize that our decision to reverse the decision of the trial court is necessitated by the state of the record in this case.

¶3We recognize that the parties and the trial court often know a great deal more about the person for whom commitment is sought from both additional materials and experiences, including observations of the person’s behavior that are not made part of the record. In view of such additional information to which the trial court may have access, we are reluctant to second guess the trial court’s decision..Nonetheless, our review of the trial court’s decision is confined to the appellate record. Because of that, I would urge litigants and the trial courts involved in mental commitment proceedings to develop as complete a record as practically possible and in particular to put into the record observations about the person and his or her behavior in the courtroom than would not otherwise be apparent from the record.

/196/orapp/501 · .json · Public domain