TAYLOR v. COMMISSIONER OF MENTAL HEALTH


481 A.2d 139 (1984)

Henry A. TAYLOR, III v. COMMISSIONER OF MENTAL HEALTH AND MENTAL RETARDATION.

Supreme Judicial Court of Maine.

Decided August 14, 1984.


Attorney(s) appearing for the Case

Kelly, Remmel & Zimmerman, Graydon G. Stevens (orally) Portland, for plaintiff.

James E. Tierney, Atty. Gen., Wayne S. Moss (orally), James Erwin, Asst. Attys. Gen., Augusta, for defendant.

Before McKUSICK, C.J., and NICHOLS, ROBERTS, VIOLETTE and GLASSMAN, JJ.


McKUSICK, Chief Justice.

Henry A. Taylor, III, who has been committed to Augusta Mental Health Institute ("AMHI") since his 1979 acquittal by reason of insanity on two serious criminal charges, appeals to this court from the denial by the Superior Court (Kennebec County) of his petition for modified release treatment under 15 M.R.S.A. § 104-A (Supp.1983-1984). In absence of any legislative specification of the applicable standard of proof on such a petition,...

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