No. 947 October 29, 2025 581
This is a nonprecedential memorandum opinion
pursuant to ORAP 10.30 and may not be cited
except as provided in ORAP 10.30(1).
IN THE COURT OF APPEALS OF THE
STATE OF OREGON
In the Matter of E. P.,
a Person Alleged to have Mental Illness.
STATE OF OREGON,
Respondent,
v.
E. P.,
Appellant.
Multnomah County Circuit Court
25CC00903; A186804
Jane W. Fox, Judge.
Submitted September 12, 2025.
Liza Langford filed the brief for appellant.
Dan Rayfield, Attorney General, Benjamin Gutman,
Solicitor General, and Peenesh Shah, Assistant Attorney
General, filed the brief for respondent.
Before Lagesen, Chief Judge, and Egan, Judge.
LAGESEN, C. J.
Reversed.
582 State v. E. P.
LAGESEN, C. J.
Appellant seeks reversal of a judgment committing
her to the Oregon Health Authority for a period not to exceed
180 days, as well as an order prohibiting the purchase or
possession of firearms. The trial court entered that judgment and order after finding that appellant suffered from a
mental disorder that caused her to be a danger to self and
others. See ORS 426.005(1)(f)(A). We reverse.1
Appellant argues that the state failed to present
sufficient evidence for the trial court to find by clear and
convincing evidence that she was dangerous to herself or
others. The state concedes the error. Having reviewed the
record, we agree with and accept the state’s concession. See
State v. S. R. J.,
(2016) (“[T]o
permit commitment on the basis that a person is dangerous
to self, the clear and convincing evidence must partake of a
particularized, and highly probable, threat to [the] appellant’s safe survival, including a risk of substantial harm,
in the near future. … Similarly, to permit commitment
on the basis that a person is dangerous to others, the state
must establish that actual future violence is highly likely.”
(Internal quotation marks and citations omitted.)).
Reversed.
1
As authorized by ORS 2.570(2)(b), this matter is determined by a two-judge
panel.
