Roberts v. Commissioner of Mental Health & Mental Retardation

CLIFFORD, Justice.

Alan Roberts appeals from an order of the Superior Court (Kennebec County, Brody, C.J.) denying a petition for his discharge from the custody of the Commissioner of Mental Health and Mental Retardation (Commissioner). We find no error and affirm the Superior Court.

Roberts was seventeen years old when in 1982 he shot and killed Russell Spaulding in Waterville. He was initially charged with murder as a juvenile, but was later bound over for prosecution in Superior Court as an adult. See 15 M.R.S.A. § 3101(4) (1980 & Supp.1988).

At Roberts’s jury trial in 1984 (Kennebec County,…