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MESSER v. RONEY

No. 88-CA-659-DG.

772 S.W.2d 648 (1989)

Edward MESSER, Appellant, v. Honorable Michael B. RONEY, Judge, and Dr. Cheryl Rivard, M.D., Attending Physician, Appellee.

Court of Appeals of Kentucky.

June 30, 1989.

Attorney(s) appearing for the Case

Marie Allison, Asst. Public Advocate, Frankfort, for appellant.

Florence S. Huffman, Lexington, for appellees.

Ava Crow, Frankfort, for amicus curiae, Dept. of Public Advocacy.

Ryan M. Halloran, Trisha Zeller James, Frankfort, for amicus curiae, Cabinet for Human Resources.

Before HOWERTON, Chief Judge, and CLAYTON and REYNOLDS, JJ.

HOWERTON, Chief Judge.

This Court granted Mr. Messer's motion for discretionary review for the limited purpose of determining whether KRS 202A.196 is invalid under the United States and Kentucky Constitutions for failure to establish a standard of proof or to delineate criteria sufficient to guide a court in allowing the state to force unwanted, intrusive and potentially-harmful medical treatment upon a patient. We find that the statute is constitutionally valid and...

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