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FAHEY v. COMMISSIONER OF MENTAL HEALTH AND MENTAL RETARDATION

506 A.2d 578 (1986)

Dwight FAHEY v. COMMISSIONER OF MENTAL HEALTH AND MENTAL RETARDATION.

Supreme Judicial Court of Maine.

Decided March 14, 1986.

Attorney(s) appearing for the Case

Charles W. Hodsdon, II, (orally), Bangor, for plaintiff.

R. Christopher Almy, Dist. Atty., Philip Worden, (orally), Asst. Dist. Atty., Bangor, for defendant.

Before McKUSICK, C.J., and NICHOLS, GLASSMAN and SCOLNIK, JJ.

MEMORANDUM OF DECISION.

On appeal from the judgment of the Superior Court (Penobscot County) denying his petition for release from Bangor Mental Health Institute, Dwight Fahey contends that he met his burden of proving by clear and convincing evidence that he can be released without likelihood that he will cause injury to himself or others due to mental disease or defect. See 15 M.R.S.A. § 104-A(1) (Supp.1985-1986). After a careful review of the record...

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