Application of Nielsen

TROUT, Justice.

The petitioner, Kermit Nielsen, is an insanity acquittee who seeks release from commitment on the ground that he is not mentally ill.

I

BACKGROUND

The facts giving rise to this appeal are similar to those in Gafford v. State, 127 Idaho 472, 903 P.2d 61 (1995), and Henry v. State, 127 Idaho 349, 900 P.2d 1360 (1995). Nielsen, like Gafford and Henry, has a long history of mental illness. In September of 1971, he was charged with first degree murder in connection with the brutal slaying of his girlfriend. On January 13, 1972, he was acquitted of these charges by reason of insanity…