In Matter of Koyi

Court of Appeals of North Carolina
In Matter of Koyi, 238 S.E.2d 153 (1977)
34 N.C. App. 320; 1977 N.C. App. LEXIS 1668
Morris, Vaughn, Clark

In Matter of Koyi

Opinion

MORRIS, Judge.

Although the record discloses that the 90-day commitment period has expired, this appeal is not moot. See In Re Carter, 25 N.C. App. 442, 213 S.E. 2d 409 (1975).

G.S. 122-58.7Ü) 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, and imminently dangerous to himself or others. The court shall record the facts which support its findings.”

The direction to the court to record the facts which support its findings is mandatory. See Matter of Crouch, 28 N.C. App. 354, 221 S.E. 2d 74 (1976). The trial judge in the case sub judice did not record sufficient facts to support his findings that the respondent was mentally ill and imminently dangerous to himself or others. See Matter of Neatherly, Jr., 28 N.C. App. 659, 222 S.E. 2d 486 (1976).

The order appealed from is

Reversed.

Judges Vaughn and Clark concur.

Reference

Full Case Name
In THE MATTER OF: AINSLEE EUGENE KOYI Respondent
Cited By
11 cases
Status
Published