Alaska Supreme Court

In the Matter of the Necessity for the Hospitalization of Stephen O

December 17, 20132013 Alas. LEXIS 168

Summary

The Alaska Supreme Court held that Stephen O.'s appeal was not moot because generalized collateral consequences attach to a first involuntary commitment order. On the merits, the court held that the evidence did not clearly and convincingly establish that Stephen was gravely disabled because it showed independent functioning and relied substantially on hearsay, past conduct, diagnosis, and speculative future deterioration. The court reversed the commitment decision and vacated the commitment order. Chief Justice Carpeneti, joined by Justice Fabe, dissented, arguing that the majority reweighed evidence and that the superior court's predictive finding was not clearly erroneous.