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ANDREWS, PETITIONER

449 Mass. 587 (2007)

FRANK ANDREWS, petitioner.

Supreme Judicial Court of Massachusetts, Plymouth.

July 30, 2007.

Attorney(s) appearing for the Case

Robert H. Weber (William J. Quaglia with him) for the petitioner.

Randall E. Ravitz, Assistant Attorney General, for Bridgewater State Hospital.

Donna M. Riordan, Assistant District Attorney, for the Commonwealth.

Jennifer Honig, Frank Laski, & William Landers, for Mental Health Legal Advisors Committee, amicus curiae, submitted a brief.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, & CORDY, JJ.

SPINA, J.

We transferred this case from the Appeals Court on our own motion to provide clarity on a question left unanswered in Thompson v. Commonwealth, 386 Mass. 811 (1982) (Thompson). General Laws c. 123, § 9 (b), provides an opportunity for civilly committed patients to apply to the Superior Court for discharge or transfer to a different facility. In Thompson, we ruled that the burden...

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