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STATE v. CHILTON

No. 16220.

736 P.2d 1277 (1987)

112 Idaho 823

STATE of Idaho, Plaintiff-Respondent, v. Robert A. CHILTON, Defendant-Appellant.

Supreme Court of Idaho.

Rehearing Denied May 19, 1987.

Attorney(s) appearing for the Case

Charles Johnson III, Pocatello, for defendant-appellant.

Jim Jones, Atty. Gen., Lynn E. Thomas, Sol. Gen., and Myrna A.I. Stahman, Deputy Atty. Gen. (argued), Boise, for plaintiff-respondent.

HUNTLEY, Justice.

Robert Chilton appeals the trial court's order denying him a discharge or conditional release from a mental hospital. Chilton alleges the trial court applied an improper legal standard by placing the burden of proof on him to prove: (1) he could be released without danger to himself or others, and (2) that he was no longer mentally ill. Chilton also argues the trial court improperly concentrated on Chilton's alleged past criminal record, alleged...

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