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March 27, 2012 . . . . . . . . MH 11-0054. . . . .In re MH 2011-000914
1. Did the evaluating doctor examine the patient?
2. Was the resulting affidavit legally sufficient when it did not contain any
facts to support the mental illness diagnosis?
December 29, 2011. . . . . .MH 11-0013. . . . .In re MH 2010-00234
Must the State strictly comply with pre-petition civil commitment procedures
for a patient who has already been adjudicated Guilty Except Insane?
September 27, 2011. . . . . .MH 11-0011. . . . .In re MH 2010-002637
In a civil commitment case when the patient cannot personally appear because
of a physical condition, is a trial court sua sponte required to find that the
patient is unable to appear through means other than personal appearance
before proceeding with the hearing?
Does the right to assistance of appointed counsel in a civil commitment case
include the right to effective assistance of appointed counsel and what is
counsel expected to do to be effective?
August 12, 2010 . . . . . . . . MH 09-0077 . . . . In re MH 2009-002120
If a patient willfully refuses to participate in an examination required under
Arizona Revised Statutes section 36-533(B), may the superior court
nonetheless properly find that sufficient grounds exist to support an involuntary
commitment order?
June 17, 2010 . . . . . . . . . . MH 09-0042 . . . . In re Thomas R.
1. Is the State barred by res judicata or collateral estoppel from bringing
a second SVP petition against a person in the absence of a new conviction
for a sexually violent offense after a jury had found him not an SVP in
2003?
2. Did the superior court err in admitting testimony from the State's
expert witnesses regarding DNA test results analyzed by a nontestifying
expert?
February 25, 2010. . . . . . . MH 09-0048. . . . .In Re MH 2009-001264
1. Where the patient's counsel in an involuntary treatment hearing stipulates
to the admission of evaluating physician affidavits in lieu of testimony, does the
doctrine of invited error preclude the patient from contending on appeal that the
trial court violated the patient's due process rights by not engaging in a personal
colloquy with the patient and eliciting a voluntary and knowing waiver of the right
to insist on such testimony?
2. Does Arizona law require the trial court to conduct such a colloquy with the
patient before accepting such a stipulation?
January 21, 2010. . . . . . . . MH 09-0007. . . . .In Re MH 2008-002659
Does the failure to inform a proposed mental health patient before evaluation
of his right to a hearing "to determine whether he should be involuntarily
hospitalized for evaluation" pursuant to Arizona Revised Statutes Section
36-529(D) invalidate a subsequent treatment order issued under Arizona
Revised Statutes Section 36-539?
December 17, 2009 . . . . . .MH 08-0071 . . . . In re MH 2008-002393
If a mental health patient is held more than 72 hours without evaluation, is
the remedy for the improper detention dismissal of a subsequently-filed
petition that complies with statutory requirements?
October 20, 2009 . . . . . . . MH 09-0003 . . . . In re MH 2008-002596
Is there an arbitrary number of encounters or a minimum period of time
over which a witness must have been acquainted with a person for whom
commitment is sought before the witness may function as an acquaintance
witness pursuant to Arizona Revised Statutes section 36-539?
October 5, 2009 . . . . . . . . MH 08-0048 . . . . In re MH 2008-001752
Does a patient who is the subject of an involuntary mental health treatment
proceeding have a due-process right to an in-court identification?
September 29, 2009 . . . . . MH 08-0049 . . . . In re MH 2008-001795
Do the provisions of Arizona Revised Statutes section 36-521 and Arizona
Administrative Code R9-21-501 allow a petition for court-ordered evaluation
to be signed by a resident physician with a one-year qualified permit or
license to practice medicine?
August 6, 2009 . . . . . . . . . MH 08-0048 . . . . In re MH 2008-001752
Does a patient who is the subject of an involuntary mental health treatment
proceeding have a due-process right to an in-court identification?
July 30, 2009 . . . . . . . . . . .MH 08-0022 . . . . In re MH 2008-000867
Did the trial court err in allowing a witness to testify telephonically without
making a factual determination that the witness was unavailable to appear
in person?
April 21, 2009 . . . . . . . . . .MH 08-0012 . . . . In re MH 2008-000028
Does Arizona Revised Statutes section 13-4517(1) provide an effective
alternative to the petition for evaluation prescribed by Arizona Revised
Statutes section 36-523, obviating the need for strict compliance with the
civil commitment statute?
March 31, 2009 . . . . . . . . .MH 08-0011 . . . . In re MH 2008-000097
At a hearing to determine if a person will be ordered to undergo involuntary
mental health treatment, does Arizona Revised Statutes section 36-501(12)(A) -
which provides that the two examining psychiatric physicians will "examine
and report their findings independently" - prevent the physicians from
conducting a joint interview of the proposed patient?
March 26, 2009 . . . . . . . . .MH 08-0017 . . . . In re MH 2008-000438
Whether an involuntary commitment order can be affirmed when a psychiatrist
fails to personally interview the patient but renders an opinion based on other
information?
March 26, 2009 . . . . . . . . .MH 08-0033 . . . . In re MH 2008-001188
Do Arizona statutes require the two evaluating physicians to specifically
opine, in their affidavits and addenda, that a patient is unwilling or unable
to accept voluntary treatment?
February 10, 2009 . . . . . . . MH 08-0006 . . . . In re MH 2007-001895
Did a superior court err in using a translator who is not "court-qualified," but
can show that she is qualified to provide translation services in a hearing?
August 26, 2008 . . . . . . . . . MH 07-0025 . . . . In Re MH 2007-001236
1. Did the trial court err in ordering the appellant to undergo involuntary
treatment when one of the two psychiatrists testified that he had not done
a complete evaluation of the patient, his testimony did not show that any
alleged mood disorder resulted in the patient being a danger to herself or
others or was persistently or acutely disabled or that she required
treatment?
2. For the court to determine whether a petitioner has met the clear and
convincing burden of proof under the civil commitment statutes, should
the examining physicians' opinions be expressed to a reasonable degree
of medical certainty or probability?
June 26, 2008 . . . . . . . . . . . MH 07-0028 . . . . In Re MH 2007-001264
If a Patient is unable to attend a court ordered treatment hearing for medical
reasons and the hearing cannot be conducted where the Patient is currently
located, does A.R.S. § 36-539(C) grant the Court discretion to continue the
hearing without the Patient’s consent?
June 3, 2008 . . . . . . . . . . . . MH 07-0010 . . . . In Re MH 2007-00629
May a court remove a patient from an involuntary commitment hearing due
to the patient’s disruptive behavior?
May 6, 2008 . . . . . . . . . . . MH 07-0017 . . . . . In Re MH 2007-000937
Does the anti-marital fact privilege, Arizona Revised Statutes section 12-2231,
apply in court-ordered treatment proceedings initiated pursuant to A.R.S.
§ 36-533?
April 8, 2008 . . . . . . . . . . . MH 07-0023 . . . . . . In Re MH 2007-001275
1. For the purposes of A.R.S. § 36-539, can a patient stipulate to a hearing
on the documentary record, thereby waiving the rights to present evidence and
subpoena, confront and cross-examine witnesses?
2. Does due process require that the waiver be voluntary, knowing and intelligent?
November 8, 2007 . . . . . . . . MH 07-0002 . . . . . . . . In Re Jesse M.
1. Did the trial court err by denying appellant’s request to be his own counsel?
2. Did the trial court err by directing the court reporter to stop recording
appellant’s protests?
November 6, 2007 . . . . . . . MH 06-0034 . . . . . . . . In Re MH 2006-002044
Is the trial court required to dismiss a petition for court-ordered evaluation that is not
filed within twenty-four hours of taking a person into custody?
April 24, 2007 . . . . . . . . . . . MH 06-0015 . . . . . . . In Re MH 2006-000749
May a patient waive his right to be present at an involuntary treatment hearing
pursuant to A.R.S. § 36-539, and, if so, must such a waiver be knowing and
intelligent to be effective?
March 22, 2007 . . . . . . . . . . MH 06-0013 . . . . . . In Re MH 2006-000490
Must a physician actually state an opinion, in addition to the underlying facts from
which an opinion may be derived or inferred, to satisfy the statutory requirements
for an involuntary commitment under A.R.S. § 36-539(B)?
January 30, 2007 . . . . . . . MH 06-0004 . . . . . . . In Re MH 2006-000023
Whether, despite the lack of alleged prejudice, this court must on appeal reverse an order
for involuntary treatment because there was a lack of compliance with the statutory notice
procedures below?
September 14, 2006 . . . . . . . . . . . . . . . . . MH 05-0022 . . . . . . . MH 2005-001290
Does the trial court have discretion under A.R.S. § 35-509(A)(3) to order that family members be notified when an person is about to be released from involuntary mental health treatment?
September 22, 2005 . . . . . . . . . . . . . . . . MH 05-0007 . . . . . . . . . MH2004-001987
Can telephonic testimony be permitted in a civil commitment proceeding?
November 23, 2004 . . . . . . . . . . . . . . . . . MH 04-007 SP . . . . . . . . MH 2003-000009
Does A.R.S. section 36-3702(B)(9)(a) authorize obtaining a second opinion to support the filing of an SVP petition?
February 17, 2004 . . . . . . . . . . . . . . . . . MH 03-0005 . . . . . . . . . . MH 2003-000058
Does a physician with a "one-year training permit" qualify as a "licensed physician" for purposes
of conducting or supervising a psychiatric evaluation in a civil commitment proceeding?
November 13, 2003 . . . . . . . . . . . . . . . MH 03-0006 . . . . . . . . . . . MH2003-000240
1. Is the court obligated by A.R.S. § 36-535(B) to grant a request for a continuance in a
mental health case?
2. Did the court abuse its discretion by denying a continuance?
October 14, 2003 . . . . . . . . . . . . . . . . . MH 02-0071SP . . . . . . . . . . .. . . .In Re Stephen H.
Did the trial court err in finding insufficient evidence supporting the requisite SVP findings?
June 5, 2003.............................................MH 02-0009...............................MH 2002-000767
Does A.R.S. [section] 36-501(11)(a), which requires that a psychiatric resident examining an
individual for the purposes of a petition for court-ordered, involuntary treatment must be
"supervised in the examination" mandate that the supervising psychiatrist be physically present
for the examination?
September 26, 2002 . . . . . . . . . . . . . . . . .MH 01-0010 . . . . . . . . . . . . . . . . . .MH 2001-001139
1. Must an application for an evaluation accompany a petition for treatment under A.R.S. § 36-533(B)?
2. May nurses who provide general care to the patient during the time period that the patient is detained for evaluation qualify as acquaintance witnesses under A.R.S. § 36-539(B) if they have information outside the formal evaluation?
September 11, 2002 . . . . . . . . . . . . . . . . MH 01-0008 SP . . . . . . . . . . . . . . .Wilber W.
1. Is the Sexually Violent Persons Act, A.R.S. § 36-3701 et seq., constitutional in light of the United States Supreme Court case of Kansas v. Crane (2002)?
2. Does due process require a specific jury instruction explaining that the jury must find a person to have "serious difficulty in controlling behavior" in order to be a "sexually violent person?"
3. Should juries be instructed that "likely" in § 36-3701(7)(b) means "highly probable?"
February 15, 2001 . . . . . . . . . . . . . . . . . . MH 00-0004 . . . . . . . . . . . . . . . . . In re Leon G.
1. Can a civil commitment order be subject to Anders-like procedures?
2. Is the Sexually Violent Persons Act constitutional?