DEPARTMENT OF HEALTH v. KELLY

No. 47, September Term, 2006.

918 A.2d 470 (2007)

397 Md. 399

DEPARTMENT OF HEALTH AND MENTAL HYGIENE v. Anthony KELLY.

Court of Appeals of Maryland.

March 14, 2007.


Attorney(s) appearing for the Case

Kathleen A. Ellis, Assistant Attorney General (J. Joseph Curran, Jr., Attorney General of Maryland, and Tracee Orlove Fruman, Staff Attorney, of Baltimore), on brief for appellant.

Suzanne Sangree (Roscoe Jones, Jr., Public Justice Center, of Baltimore, Laura Cain and Irene Smith of Maryland Disability Law Center of Baltimore), on brief for appellee.

Melvin J. Sykes, Joanne E. Pollak, Vice President and General Counsel Johns Hopkins Medicine, Frederick Savage, Deputy General Counsel, The Johns Hopkins University, Baltimore, brief of the Maryland Psychiatric Society, the Johns Hopkins Health System Corporation, and the Hopkins University, Amici Curiae.

David Rocah, American Civil Liberties Union Foundation of Maryland, Baltimore, John Townsend Rich, Melissa Briggs Hutchens, Goldwin Procter LLP, Washington, DC, brief for the American Civil Liberties Union of Maryland, the Judge David L. Bazelon Center for Mental Health Law, the National Council for Community Behavioral Healthcare, and the National Mental Health Association as Amici Curiae in Support of Appellee.

Argued before BELL, C.J., RAKER, WILNER, CATHELL, HARRELL, BATTAGLIA and GREENE, JJ.


BATTAGLIA, J.

The case sub judice presents this Court with the task of determining whether Section 10-708(g) of the Health-General Article of the Maryland Code (1982, 2005 Repl. Vol.)1 requires the State to prove that an individual, because of his mental illness, is dangerous to himself or others within a state institution before it may forcibly administer medication. Because we hold that...

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