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IN RE INTEREST OF POWERS

No. S-90-206.

493 N.W.2d 166 (1992)

242 Neb. 19

In re Interest of Lawrence J. POWERS, Alleged to be a Mentally Ill Dangerous Person. STATE of Nebraska, Appellee, v. Lawrence J. POWERS, Appellant.

Supreme Court of Nebraska.

December 11, 1992.

Attorney(s) appearing for the Case

Dennis R. Keefe, Lancaster County Public Defender, and Michael D. Gooch for appellant.

Sara Fullerton, Deputy Lancaster County Atty., for appellee.

Rebecca M. Peterson and A. Jocelyn Ritchie for amicus curiae Nebraska Advocacy Services, Inc.

HASTINGS, C.J., and BOSLAUGH, WHITE, CAPORALE, SHANAHAN, GRANT, and FAHRNBRUCH, JJ.

CAPORALE, Justice.

The movant, Lawrence J. Powers, appeals the district court's affirmance of the Lancaster County Mental Health Board's denial of a due process hearing on his motion for a review of his status. He asserts that the district court erred in that, among other things, the relevant statutory scheme provides for such a hearing. That assignment of error having merit, we reverse and remand with direction.

On January 13, 1986, the State filed a petition...

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