IN RE SANBORN

No. 87-112.

130 N.H. 430 (1988)

In re ALLEN SANBORN

Supreme Court of New Hampshire.

May 6, 1988.


Attorney(s) appearing for the Case

Stephen E. Merrill, attorney general (Stephen J. Judge and David S. Peck, assistant attorneys general, on the brief, and Mr. Peck orally), for the State as petitioner.

Epstein, Burke, MacIntosh & Devito P.A., of Concord (John D. MacIntosh on the brief and orally), for the respondent.


SOUTER, J.

The State appeals an order of the Merrimack County Probate Court (Cushing, J.), which dismissed a petition for involuntary civil commitment on the alternative grounds that the respondent was mentally retarded but not mentally ill within the meaning of RSA 135-C:34 (Supp. 1987), and that the State had failed to prove beyond a reasonable doubt that the respondent posed "a potentially serious likelihood of danger...." See id. We reverse because...

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