Department of Health & Mental Hygiene v. Kelly

The case sub judice presents this Court with the task of determining whether Section 10-708(g) of the Health-General Article of the Maryland Code (1982, 2005 RepLVol.)1 requires *402the State to prove that an individual, because of his mental illness, is dangerous to himself or others within a state institution before it may forcibly administer medication. Because we hold that Section 10-708(g) does so require, we shall affirm the judgment of the Circuit Court for Baltimore City.

I. Introduction

Between 2002 and 2003, Anthony Kelly was charged in four indictments with two counts of murder, both…