In re the Care & Treatment of Burch

The opinion of the court was delivered by

Moritz, J.:

This court granted Timothy Burch’s petition for review of the Court of Appeals’ decision affirming the district court’s denial of his petition for release or discharge or transitional release pursuant to K.S.A. 2011 Supp. 59-29a08. Burch contends the district court erred in finding he failed to show probable cause that his mental abnormality had changed to the extent that he is safe to be placed in transitional release.

We conclude that we apply a de novo standard of review to the district court’s denial of a petition for discharge or…