Buzzell v. Commissioner of Mental Health and Corrections

Supreme Judicial Court of Maine

Buzzell v. Commissioner of Mental Health and Corrections

423 A.2d 246, 1980 Me. LEXIS 710

CourtSupreme Judicial Court of Maine

DecidedDecember 10, 1980

StatusPublished

Cited by1 cases

This text of 423 A.2d 246 (Buzzell v. Commissioner of Mental Health and Corrections) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Buzzell v. Commissioner of Mental Health and Corrections, 423 A.2d 246, 1980 Me. LEXIS 710 (Me. 1980).

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Opinion

MEMORANDUM OF DECISION.

Fawn Buzzell appeals from the denial of his petition for release from the Augusta Mental Health Institute presented to the Superior Court, Kennebec County, pursuant to 15 M.R.S.A. § 104. 1 The sole witness before the Superior Court was Victor Pent-large, M. D., a staff psychiatrist at the institute. Dr. Pentlarge expressed uncertainty as to whether Buzzell’s condition was such that Buzzell could be released without danger to himself or others. The presiding justice ruled that “the court can’t find that the evidence supports a finding that the Petitioner can be released without the likelihood he will cause injury to others or himself.” Regardless of the level of proof required, we find no error in the Court’s conclusion.

The entry is:

Judgment affirmed.

All concurring.

1

. The decision herein was rendered prior to the repeal of 15 M.R.S.A. § 104 and enactment of 15 M.R.S.A. § 104-A, effective March 28, 1980.

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MEMORANDUM OF DECISION.

Fawn Buzzell appeals from the denial of his petition for release from the Augusta Mental Health Institute presented to the Superior Court, Kennebec County, pursuant to 15 M.R.S.A. § 104. 1 The sole witness before the Superior Court was Victor Pent-large, M. D., a staff psychiatrist at the institute. Dr. Pentlarge expressed uncertainty as to whether Buzzell’s condition was such that Buzzell could be released without danger to himself or others. The presiding justice ruled that “the court can’t find that the evidence supports a finding that the Petitioner can be released without the likelihood he will cause injury to others or himself.” Regardless of the level of proof required, we find no error in the Court’s conclusion.

The entry is:

Judgment affirmed.

All concurring.

1

. The decision herein was rendered prior to the repeal of 15 M.R.S.A. § 104 and enactment of 15 M.R.S.A. § 104-A, effective March 28, 1980.

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423 A.2d 246, 1980 Me. LEXIS 710, Counsel Stack Legal Research, https://law.counselstack.com/opinion/buzzell-v-commissioner-of-mental-health-and-corrections-me-1980.

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