Supreme Judicial Court of Maine, 1986

Fahey v. Commissioner of Mental Health & Mental Retardation

Fahey v. Commissioner of Mental Health & Mental Retardation
Supreme Judicial Court of Maine · Decided March 14, 1986 · Glassman, McKusick, Nichols, Scolnik
506 A.2d 578; 1986 Me. LEXIS 719 (Atlantic Reporter, Second Series)

Fahey v. Commissioner of Mental Health & Mental Retardation

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.