From Casetext: Smarter Legal Research

Fahey v. Commissioner of Mental Health & Mental Retardation

Supreme Judicial Court of Maine
Mar 14, 1986
506 A.2d 578 (Me. 1986)

Opinion

Argued March 12, 1986.

Decided March 14, 1986.

Appeal from the Appeal from Superior Court Penobscot County.

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, we hold that the Superior Court's findings to the contrary are not clearly erroneous. See Taylor v. Comm'r of Mental Health Mental Retardation, 481 A.2d 139, 147 (Me. 1984).

The entry is:

Judgment affirmed.

All concurring.


Summaries of

Fahey v. Commissioner of Mental Health & Mental Retardation

Supreme Judicial Court of Maine
Mar 14, 1986
506 A.2d 578 (Me. 1986)
Case details for

Fahey v. Commissioner of Mental Health & Mental Retardation

Case Details

Full title:Dwight FAHEY v. COMMISSIONER OF MENTAL HEALTH AND MENTAL RETARDATION

Court:Supreme Judicial Court of Maine

Date published: Mar 14, 1986

Citations

506 A.2d 578 (Me. 1986)