# State v. Hynes

> Court of Appeals of Oregon · October 4, 1976 · 27 Or. App. 37

URL: https://www.frixlaw.com/law-library/cases/6922836

## Case

- **Full name:** In the Matter of David A. Hynes, Alleged to be a Mentally Ill Person. STATE OF OREGON v. DAVID A. HYNES
- **Court:** Court of Appeals of Oregon
- **Decided:** October 4, 1976
- **Citations:** 27 Or. App. 37; 554 P.2d 1030; 1976 Ore. App. LEXIS 1298
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Sloan
- **Judges:** Schwab, Sloan, Tanzer
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6922836

## Opinion text

SLOAN, S. J.
The court below, in this mental commitment hearing, took judicial notice of the record of a prior commitment proceeding concerning David Hynes. State v. O’Neill, 274 Or 59 , 545 P2d 97 (1976), held that judicial notice of prior court files was improper. The state, however, argues that O’Neill is inapplicable where the judicial notice is taken in the dispositional "phase” of a commitment hearing rather than in the adjudicative phase of the hearing. We must disagree. Whether or not ORS ch 426 now provides for a separate dispositional "phase” of the commitment process, we read State v. O’ Neill, supra, as precluding taking judicial notice of prior court files in any event.
Reversed and remanded.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6922836. Public record. Not legal advice.