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G.T. v. STONE

No. 92-041.

622 A.2d 491 (1992)

G.T. v. Claudia STONE in Her Official Capacity as Hospital Operations Director of the Vermont State Hospital, et al.

Supreme Court of Vermont.

Mandate Stayed January 19, 1993.

Stay of Mandate Expired February 16, 1993.

Attorney(s) appearing for the Case

Richard J. Whitaker, Vermont Advocacy Network, Waterbury, for plaintiff-appellant.

Jeffrey L. Amestoy, Atty. Gen., Montpelier, and Janet Bull, Asst. Atty. Gen., Waterbury, for defendants-appellees.

Jeffrey A. Meyer, Alexander Scherr and Bessie A. Weiss, Paralegal on the brief, of Vermont Legal Aid, Inc., Waterbury, for amicus curiae Vermont Legal Aid.

Before ALLEN, C.J., GIBSON, DOOLEY, MORSE and JOHNSON, JJ.

GIBSON, Justice.

Plaintiff is a patient at the Vermont State Hospital whose release on conditional discharge was revoked in accordance with 18 V.S.A. §§ 8007 and 8008. The sole question raised by plaintiff's appeal in this declaratory judgment action is the constitutionality of Vermont's statutory scheme governing such conditional discharges. We hold that a postrevocation hearing under § 8008(e) is insufficient to meet Vermont's due process standards...

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