Superintendent of Worcester State Hospital v. Hagberg

The Appellate Division of the District Courts, Western District, decided that, in a proceeding to commit the defendant to a mental health facility under G. L. c. 123, §§ 7, 8, the standard of proof is “proof beyond a reasonable doubt” rather than “clear and convincing proof.” The plaintiff, superintendent of the Worcester State Hospital (hospital), appealed. We hold that (1) the appeal is properly before us notwithstanding delay in assembling the record, (2) the issue is one “capable of repetition, yet evading review,” and should be decided even though the order appealed may be moot, and (3)…