BURNS v. COMMISSIONER OF MENTAL HEALTH AND MENTAL RETARDATION


481 A.2d 184 (1984)

Darryl BURNS v. COMMISSIONER OF MENTAL HEALTH AND MENTAL RETARDATION.

Supreme Judicial Court of Maine.

Decided September 14, 1984.


Attorney(s) appearing for the Case

Stern & Goldsmith, J. Hilary Billings (orally), Bangor, for plaintiff.

Gary F. Thorne (orally), Margaret J. Kravchuk, Asst. Dist. Attys., Bangor, for defendant.

Before NICHOLS, WATHEN, GLASSMAN and SCOLNIK, JJ., and DUFRESNE, A.R.J.


MEMORANDUM OF DECISION.

Recently, in Taylor v. Commissioner of Mental Health and Mental Retardation, 481 A.2d 139 (Me.1984), we overruled State v. Shackford, 262 A.2d 359 (Me.1970), that required an individual committed to a state mental health facility after being found not guilty of a crime by reason of insanity to prove his fitness for release beyond a reasonable doubt. Accordingly...

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