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In re Spencer

Court of Appeals of North Carolina

September 2, 2014

In the matter of: JAMES SPENCER

Heard in the Court of Appeals August 11, 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)]

Attorney General Roy Cooper, by Assistant Attorney General Josephine TettehMs., for the State.

Parker Poe Adams & Bernstein LLP, by Matthew W. WolfeMr. and Robert A. LeandroMr., for petitioner-appellee Holly Hill Hospital.

Appellate Defender Mr. Staples S. Hughes, by Assistant Appellate Defender Mary Cook, for respondent.

N.C. Appellate Defenders Office, by Assistant Appellate Defender Mr. David W. Andrews, for respondent.

Judges STEELMAN and ERVIN concur.

Appeal by respondent from order entered 25 July 2013 by Judge Debra Sasser in Wake County. No. 13 SPC 3751 District Court.

OPINION

McCULLOUGH, Judge.

Respondent James Spencer appeals from an order of the trial court, involuntarily committing him to inpatient treatment for a period not to exceed sixty (60) days. Based on the reasons stated herein, we affirm the order of the trial court.

I. Background

On 20 July 2013, Dr. Sharyn Comeau of Wake Med Hospital filed an affidavit and petition for involuntary commitment, providing that respondent James Spencer was " mentally ill and dangerous to self or others or mentally ill and in need of treatment in order to prevent further disability or deterioration that would predictably result in dangerousness." The affidavit stated that respondent

has ongoing psychosis and hyper religiosity concerning the mark of the beast and people in authority being satanic in some way. He continues to make decisions that compromise his medical care, currently his sodium [is] compromised to the point of needing medical intervention. He has multiple past psychiatric hospitalizations and he has a sister who his his [sic] guardian t in part [sic] of his medically compromising his ...

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