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IN RE PETITION FOR ADMISSION OF DEMERS

No. 87-032

130 N.H. 31 (1987)

In re PETITION FOR INVOLUNTARY ADMISSION TO N.H. HOSPITAL OF DAVID F. DEMERS

Supreme Court of New Hampshire

October 15, 1987

Attorney(s) appearing for the Case

David A. Horan, assistant county attorney, Hillsborough County, by brief and orally, pro se, as petitioner.

Stephen E. Merrill, attorney general (David S. Peck, assistant attorney general, on the brief and orally), for Jack E. Melton, Superintendent of New Hampshire Hospital.

SOUTER, J.

In this appeal from a decree of the Probate Court for Hillsborough County (Cloutier, J.), the superintendent of New Hampshire Hospital challenges the court's authority to require prior judicial approval before the superintendent may take action under RSA 135-C:49 (Supp. 1986) to discharge a patient involuntarily committed to the hospital by the court under RSA 135-C:34-54 (Supp. 1986). We vacate the portion of the decree obligating the superintendent...

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