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Tag Archives: insufficient findings

Civil Practice – Involuntary Commitment – Insufficient Findings (access required)

In re Murrow Although the trial court made the ultimate findings that respondent “is mentally ill” and “is dangerous to self” and “others,” the only findings of fact in support of these ultimate findings were that respondent “contests commitment” and “is mentally ill, a danger to self/others, and in need of treatment.” These findings of fact were insufficient to support the ultimate findings as required by G.S. § 122C-268(j).

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Criminal Practice – Search & Seizure – Traffic Stop – Suppression Motion – Insufficient Findings (access required)

State v. O’Connor Where the prosecution and the defense presented conflicting testimony as to defendant’s speed and manner of driving and whether defendant and the arresting officer made eye contact before the officer started following defendant, the trial court should have made findings of fact in support of its order granting defendant’s motion to suppress evidence from the traffic stop.

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Civil Practice – Involuntary Commitment – Danger to Self or Others – Insufficient Findings – Conspiracy Theories (access required)

In re Richardson The trial court found that respondent (1) was hospitalized twice in the preceding year; (2) was diagnosed with chronic schizophrenia and delusional disorder; (3) was taking the anti-psychotic drug Respirdal; (4) believes that the government is trying to control him, keeps to himself, and eats only pre-packaged foods; and (5) feels his parents are on the side of the government, despite their support. These findings do not indicate that respondent is a danger to himself or others.

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Criminal Practice – Child Pornography – Sentencing – Restitution – Insufficient Findings (access required)

U.S. v. Burgess The 4th Circuit affirms defendant’s conviction of receipt and possession of child pornography, but vacates a restitution order requiring defendant to pay $305,220 to “Vicki,” an identified victim; the district court did not make specific findings regarding the elements of restitution, as required under the Mandatory Restitution for Sexual Exploitation of Children Act, 18 U.S.C. 2259, and the case is remanded for calculation of the loss this specific defendant caused the victim portrayed in the pornographic material possessed by defendant.

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