Taylor v. Commissioner of Mental Health & Mental Retardation

McKUSICK, Chief Justice.

Henry A. Taylor, III, who has been committed to Augusta Mental Health Institute (“AMHI”) since his 1979 acquittal by reason of insanity on two serious criminal charges, appeals to this court from the denial by the Superior Court (Kennebec County) of his petition for modified release treatment under 15 M.R.S.A. § 104-A (Supp.1983-1984). In absence of any legislative specification of the applicable standard of proof on such a petition, the Superior Court — following the precedent of State v. Shackford, 262 A.2d 359 (Me.1970) — required the petitioner to prove his…