FYI: Until the very recent past, the number of appeals from mental health or civil commitments was few indeed. This is no longer the case. Following is a simple review of the 15 reported decisions arising from appeals from MH cases since 01/01/06.
REVIEW OF CIVIL COMMITMENT APPEALS
1/1/06-9/13/06

Court Aff'd Rev'd
2nd 1
5th 2
6th 1 1
8th 1
12th 4 3
13th 1
14th 1
Total 11 4

The foregoing does not include:
Commitments of NGRI's; reviewed under a different standard
Commitments of Sexually Violent Predators - (all affirmed)
Commitments for Chemical Dependency; none found
Commitments for Mental Retardation; none found
Forced administration of psychoactive medication; different issue

All reversals were on legal sufficiency grounds -generally the lack of lay testimony to support expert opinion as expert opinion alone is insufficient as a basis for commitment.

Only 4 cases were reversed.

[This message was edited by Floyd L. Jennings on 09-13-06 at .]

Oh good grief! I was killing an hour between patients reviewing these cases for the current year and keeping a simple table of the court and whether it was affirmed or reversed -- but give me a little time and I will resurrect the data.

The reversals seem to be because there's proof that the patient is mentally ill and is in need of treatment, and yet there's not enough proof of deterioration, or overt acts indicating danger to himself or others, to reach the level of civil commitment. Is this what you are saying in your earlier post ? That mere evidence of mental illness is not enough?

I'm glad I'm not the judge in these cases. Some of the ones I see are mighty close!