State v. Hesse

This is an appeal from the denial below of a petition to release and discharge defendant from involuntary psychiatric treatment in the New Hampshire Hospital. Defendant asserts he is no longer dangerous to himself or others. After a hearing the petition was denied by Mullavey, J., and defendant’s exceptions were transferred. The issues to be determined are the burden of proof standards in release proceedings held pursuant to a petition by a defendant who has been found to be criminally insane and the extent to which an arrest record may be considered by a trial judge in “dangerous to be at…