State v. W. A. B. (In re W. A. B.)
State v. W. A. B. (In re W. A. B.)
Opinion of the Court
*839The trial court committed appellant to the custody of the Oregon Health Authority for a period not to exceed 180 days and entered an order prohibiting appellant from purchasing or possessing firearms after determining that he was a danger to himself or others because of a mental disorder. See ORS 426.005(1)(f)(A). On appeal, he argues that the court erred in failing to grant his motion for a continuance to allow him an opportunity to review recently produced discovery, including police reports, medical records, videos, audio recordings, and hundreds of photographs. The state concedes that, because the motion for a continuance was unopposed and appellant's counsel had not had an opportunity to review that discovery with appellant, the court abused its discretion when it denied the motion. See State v. C. C. ,
Reversed.
Although the state concedes that the judgment must be reversed, it proposes that we "reverse and remand for a new hearing." We have routinely reversed outright rather than remanding in civil commitment proceedings, even in the case of procedural errors-including in cases in which the trial court erred in denying a motion for a continuance. See, e.g. , State v. J. J. S. ,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.