Legal Opinion

Beauchene v. State

Supreme Judicial Court of Maine

Decided July 11, 2017No. Docket: Ken-16-500Published

1Opinion of the CourtHumphrey, J.

[¶ 1] Donald Beauchene appeals from a judgment entered in the Superior Court (Kennebec County, Mullen, J.) denying his petition for discharge or modified release from psychiatric hospitalization pursuant to 15 M.R.S. § 104-A (2016). We affirm the judgment.

I. BACKGROUND

[¶ 2] In 1970, Beauchene was acquitted of a murder charge by reason of a mental disease or defect and was committed to the custody of the Department of Health and Human Services; where he remains committed pursuant to 15 M.R.S. § 103 (2016). On February 22, 2016, Beauchene filed in the Superior Court a petition seeking discharge…

2Cases cited16 opinions

  1. Foucha v. LouisianaSupreme Court of the United States · 1992
  2. State v. KrolSupreme Court of New Jersey · 1975
  3. Taylor v. Commissioner of Mental Health & Mental RetardationSupreme Judicial Court of Maine · 1984
  4. State v. DolloffSupreme Judicial Court of Maine · 2012
  5. Green v. Commissioner of Mental Health & Mental RetardationSupreme Judicial Court of Maine · 2000

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