In re the Alleged Mental Illness of Robledo
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(as of 9/30/2026)
Last cited by a Minnesota appellate court in 1984, among the opinions in this site’s citation index. Amendment history from the Minnesota Revisor of Statutes. A later amendment does not necessarily affect this decision's analysis — check the current statute text.Cites Minnesota statutes amended since this decision
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Sections of the Minnesota Statutes this opinion cites.
Cases that cite this one
1 later published case cites this decision.
- In re the Alleged Mental Illness of Ringland (Minn. Ct. App. 1984)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Manuel Tirso Robledo appeals from the order of the Hennepin County District Court, Mental Health Division, directing his commitment for mental health treatment. We affirm under the particular circumstances of record.
There is no dispute that the trial court did not conduct a preliminary hearing within 72 hours after the issuance of a hold order as required by Minn.Stat. § 253B.07, subd. 7(a) (1982). Instead, the hearing was held approximately 78 hours after the hold order was issued. The trial court denied Robledo’s motion to dismiss apparently *279 upon its conclusion that it had three full working days to hold the hearing.
In State ex rel. Doe v. Madonna, 295 N.W.2d 356, 365 (Minn. 1980), we held that due process compels a preliminary probable cause hearing at least within 72 hours of initial confinement under a hold order unless the court extends the time upon evidence demonstrating that a hearing within the time would have a serious adverse effect upon the confined patient or that other emergency conditions exist. Neither of the exceptions is demonstrated by the record. As a result, it is necessary to re-emphasize the mandatory nature of the 72-hour time limitation. A failure to hold the preliminary hearing within that time period or grant a continuance, will require the release of proposed patient.
The circumstances of this matter are that Robledo has admitted that, at the time of the hearing, he was a “mentally ill person” as defined by Minn.Stat. § 253B.02, subd. 13 (1982) and that he has since been provisionally discharged. Therefore, under these unique circumstances, the matter has been rendered moot and the order for commitment shall stand.
Affirmed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.