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IN RE M.A.

No. 09-081.

22 A.3d 410 (2011)

2011 VT 9

In re M.A.

Supreme Court of Vermont.

Motion for Reargument Denied February 28, 2011.

Attorney(s) appearing for the Case

David W. Gartenstein , Windham County Deputy State's Attorney, Brattleboro, for Plaintiff-Appellee.

Allison N. Fulcher of Martin & Associates, Barre, for Defendant-Appellant.

Present: REIBER, C.J., DOOLEY, JOHNSON, SKOGLUND and BURGESS, JJ.

BURGESS, J.

¶ 1. Defendant, M.A., appeals a district court order placing him in the custody of the Commissioner of Disability, Aging and Independent Living (DAIL). Defendant had been charged with sexual assault and lewd or lascivious conduct with a child, but was ruled incompetent to stand trial. The district court found, under 18 V.S.A. § 8839,1 that defendant presented a danger of harm to others, was "`in need of custody, care...

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