In re E.D.

The Supreme Court reversed the decision of the court of appeals concluding that N.C. Gen. Stat. 122C-266(a) imposes a statutory mandate that automatically preserves violation of that subsection for appellate review regardless of a failure to object in the trial court and that Respondent was automatically entitled to relief without having to demonstrate that she was prejudiced by the violation of section 122C-266(a), holding that Respondent's issue was not preserved for appellate review.Here, Respondent, who was involuntarily committed to a state health facility, did not receive an examination by a second physician, as mandated by section 122C-266(a). The court of appeals held that Respondent was not required to make a showing of prejudice resulting from the violation of the statue in order to have vacated the trial court's order authorizing her continued commitment. The Supreme Court reversed without deciding whether prejudice must be shown to obtain relief on appeal, holding (1) the alleged violation of section 122C-266(a) was not automatically preserved; and (2) Respondent failed to preserve the issue when she did not raise it during the district court hearing on her involuntary commitment. View "In re E.D." on Justia Law