People v. Charles K., 405 Ill. App. 3d 1152

Petition for emergency involuntary admission filed Feb. 4, 2010 under 405 ILCS 5/3-601.
Trial court held a jury trial; jury found respondent subject to involuntary admission; up to 90 days hospitalization ordered.
Exhibits describing treatment plans and history were admitted but not presented to the jury.
State witnesses testified (psychiatrist, nurse, counselor, etc.); respondent testified in his own defense.
Jury instructions did not expressly state the State’s burden to prove mental illness by clear and convincing evidence.
Court ultimately affirmed, addressing mootness and forfeiture/waiver issues and sustaining the result.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether mootness exceptions apply to review involuntary admission order	People argues cap. repetition and public-interest exceptions warrant review	Charles K. argues mootness should end review	Yes; capable-of-repetition and public-interest exceptions apply
Whether jury instructions properly conveyed the State’s burden of proof	People contends no explicit burden instruction required	Charles K. contends the State’s burden should be explicit	Error to omit burden instruction, but harmless error; affirmed on merits

In re Alfred H.H., 233 Ill.2d 345 (2009) (mootness exceptions; public-interest and repetition considerations)
In re James, 199 Ill.App.3d 316 (1990) (clear and convincing standard for mental illness in involuntary admission)
Mohr v. People, 228 Ill.2d 53 (2008) (instructional error must be evaluated for prejudice; standard for fair trial)
In re Timothy H., 301 Ill.App.3d 1008 (1998) (instructions must clearly state elements and burden of proof)
In re Mary Ann P., 202 Ill.2d 393 (2002) (public nature of procedures; need for clear burden instruction)
In re Barbara H., 183 Ill.2d 482 (1998) (capable-of-repetition and public-interest considerations)
People v. Burson, 11 Ill.2d 360 (1957) (grace to notice errors depriving fair trial in life/liberty cases)