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HELLER v. DOE

No. 92-351.

509 U.S. 312 (1993)

HELLER, SECRETARY, KENTUCKY CABINET FOR HUMAN RESOURCES v. DOE, by his mother and NEXT FRIEND, DOE, et al.

United States Supreme Court.

Decided June 24, 1993.

Attorney(s) appearing for the Case

William K. Moore argued the cause for petitioner. With him on the briefs were Edward D. Klatte and Charles P. Lawrence.

Kelly Miller argued the cause for respondents. With her on the brief was Brian Wolfman.*

Kennedy, J., delivered the opinion of the Court, in which Rehnquist, C. J., and White, Scalia, and Thomas, JJ., joined. O'Connor, J., filed an opinion concurring in the judgment in part and dissenting in part, p. 334. Blackmun, J., filed a dissenting opinion, p. 334. Souter, J., filed a dissenting opinion, in which Blackmun and Stevens, JJ., joined, and in Part II of which O'Connor, J., joined, p. 335.

Justice Kennedy, delivered the opinion of the Court.

In the Commonwealth of Kentucky, involuntary civil commitments of those alleged to be mentally retarded and of those alleged to be mentally ill are governed by separate statutory procedures. Two differences between these commitment proceedings are at issue in this case. First, at a final commitment hearing, the applicable burden of proof for involuntary commitment based...

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