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HEARNE v. U.S.

Nos. 92-CO-1056 & 92-CO-1086.

631 A.2d 52 (1993)

David HEARNE, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided September 23, 1993.

Attorney(s) appearing for the Case

Kenneth H. Rosenau, appointed by the court, for appellant.

Stephen J. Pfleger, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty. at the time the brief was filed, John R. Fisher and Joan Draper, Asst. U.S. Attys., were on the brief, for appellee.

John Payton, Corp. Counsel, Charles L. Reischel and Janet L. Maher, Deputy Corp. Counsel, and Karen Katz, Asst. Corp. Counsel, filed an amicus curiae brief on behalf of the District of Columbia.

Before ROGERS, Chief Judge, and TERRY and STEADMAN, Associate Judges.

STEADMAN, Associate Judge:

Appellant, confined to St. Elizabeth's Hospital pursuant to a judgment of not guilty by reason of insanity, filed a motion for release from the Hospital pursuant to D.C.Code § 24-301(k) (1989).1 He had a lengthy hearing and was denied release in an extensive written opinion. We deal principally with appellant's contention that the trial court improperly placed the burden of proof on him to show his entitlement...

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