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BEAN v. DEPT. OF HEALTH AND MENTAL HYGIENE

No. 7, September Term, 2008.

959 A.2d 778 (2008)

406 Md. 419

Linwood BEAN v. DEPARTMENT OF HEALTH AND MENTAL HYGIENE, et al.

Court of Appeals of Maryland.

November 5, 2008.

Attorney(s) appearing for the Case

George E. Burns, Jr., Asst. Public Defender (Nancy S. Forster, Public Defender, on brief), for petitioner.

Kathleen A. Ellis, Asst. Atty. Gen. (Douglas F. Gansler, Atty. Gen., David E. Wagner, Staff Atty., on brief), for respondent.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, JOHN C. ELDRIDGE, (Retired, specially assigned), IRMA S. RAKER, (Retired, specially assigned) and ALAN M. WILNER, (Retired, specially assigned) JJ.

HARRELL, J.

The issue presented in this case is whether, in a release eligibility proceeding under Maryland Code, Criminal Procedure Article, §§ 3-114 and 3-119 (2006), a person committed to the Department of Health and Mental Hygiene, pursuant to a finding of not criminally responsible, is required as a matter of law to produce expert medical testimony in order to meet his or her evidentiary burden of proving he or she would not be a danger due to a mental...

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