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28 N.C. App. 659

222 S.E.2d 486

In Re Neatherly

Court of Appeals of North Carolina · decided 1976-03-03

Key passage — most relied on by later courts

““To support a commitment order, the court is required to find, by clear, cogent, and convincing evidence, that the respondent is mentally ill or inebriate, and imminently dangerous to himself or others. The court shall record the facts which support its findings.””

quoted by 1 later decision, including 34 N.C. App. 320 - In Matter of Koyi

Relies on 25 N.C. App. 442 - In Re Carter

Good law ✅— No negative treatment on recordhow we know

Decided 1976-03-03

How this case has been cited

Cited by 10 later decisions — most recently October 2008

10 state decisions

601976198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

BRITT, Judge.

¶1 G.S. 122-58.1 provides in pertinent part as follows: “Declaration of policy. — It is the policy of the State that no person shall be committed to' a mental health facility unless he is mentally ill or an inebriate and imminently dangerous to himself or others; . ... ” (Emphasis added.)

¶2 G.S. 122-58.7(i) provides: “To -support a commitment order, the court is required to find, by clear, cogent, and convincing evidence, that the respondent is mentally ill or inebriate, *661 and imminently dangerous to himself or others. The court shall record the facts which support its findings.” (Emphasis added.)

¶3 Assuming, arguendo, that the court properly found that respondent was mentally ill, clearly it made insufficient findings showing that respondent was “imminently dangerous to himself and others.” See In re Carter, 25 N.C. App. 442, 213 S.E. 2d 409 (1975).

¶4 For lack of sufficient findings required by statute to support its evalidity, the judgment appealed from is

¶5 Reversed.

Judges Hedrick and Martin concur.
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