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In re Moore

Court of Appeals of North Carolina

May 20, 2014

IN THE MATTER OF: GILBERT MOORE, JR

Heard in the Court of Appeals May 5, 2014

As Corrected May 21, 2014.

Editorial Note:

This Decision is not final until expiration of the twenty-one day rehearing period. [North Carolina Rules of Appellate Procedure 32(b)]

Granville County. No. 12 SPC 1949. Amanda E. Stevenson, Judge.

Affirmed.

Roy Cooper, Attorney General, by Adam Shestak, Assistant Attorney General, for the State.

Staples Hughes, Appellate Defender, by James R. Grant, Assistant Appellate Defender, for respondent-appellant.

MARTIN, Chief Judge. Judges STEELMAN and DILLON concur.

OPINION

Page 34

Appeal by respondent from order entered 5 August 2013 by Judge Amanda E. Stevenson in Granville County District Court.

MARTIN, Chief Judge.

Respondent Gilbert Moore, Jr. appeals from the trial court's involuntary commitment order 5 August 2013 recommitting him for ninety days of inpatient treatment. Respondent argues that the trial court lacked subject-matter jurisdiction and that the evidence does not support the trial court's ultimate findings that respondent was a danger to himself as well as others.

On 25 September 2012, a licensed clinical social worker in Guilford County filed an affidavit and petition to have respondent involuntarily committed. The affidavit contained the following facts:

Mr. Moore has a history of mental illness. At present he has very disorganized speech and is not making any sense. He has reported to the crisis center multiple times this morning. He is not able to express exactly what he needs due to his mental illness. He appears to have a thought disorder or some kind of psychotic disorder. He is in need of evaluation and treatment.

Page 35

The same day, a Guilford County magistrate, based on petitioner's affidavit and petition, issued a custody order and respondent was picked up by a law enforcement officer and taken to a facility for examination. Respondent was then examined by two different physicians, both of whom recommended inpatient commitment for respondent, and respondent was taken to Central Regional Hospital. After a hearing on 2 October 2012, the District Court of Granville County issued an involuntary commitment order committing respondent to thirty days of inpatient commitment and sixty days of outpatient commitment. The court recommitted respondent to ninety days of inpatient treatment on 1 November 2012. Additional involuntary commitment orders for varying durations were issued by the district court on 31 January 2013, 4 April 2013, 13 June 2013, and 5 August 2013.

Before issuing its 5 August 2013 order, the court heard evidence as follows: Dr. Jeffrey Fahs, respondent's attending physician, testified that respondent had schizoaffective disorder. He further testified that by age forty-four respondent had been committed to state hospitals approximately twenty-seven times, and one of the reasons he was re-hospitalized so many times was because he would stop taking his medication when he was released. Dr. Fahs also thought that respondent was a danger to others; respondent was on Central Regional Hospital's alert system due to at least one altercation with another patient. Dr. Fahs, based on ...


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