In Re John D v. State of Maine

• Court: Superior Court of Maine
• Decided: October 1, 2012
• Docket: KENap-11-047
• Status: Unpublished

Opinion

STATE OF MAINE SUPERIOR COURT KENNEBEC, ss CIVIL ACTION Docket No. AP -11-047 ;VA)- KC 1V- /01 !,i; :·

INREJOHND. DECISION AND ORDER

Before the court is an appeaP of a court-ordered commitment of the appellant

after a hearing on 8/10/11? The appellant argues that the record does not support the

findings and conclusions that (1) adequate community services as an alternative to

involuntary hospitalization did not exist and (2) the appellant has a mental illness

posing a risk of physical harm to himsel£.3

The only testimony in the record, that of psychiatrist Dr. Aaron Greenwald and

psychologist Dr. Charles Robinson, supports the decision of the District Court judge.

(See Tr. 12-14, 20, 30 (Aug. 10, 2011).)

The entry is

The Order of the District Court

Date: October 1, 2012

1 On 8 I 10 Ill, the District Court judge ordered hospitalization for the appellant for a period not to exceed 90 days. It is difficult to determine from this record whether the criteria for addressing an appeal that is moot are present in this case. (See Tr. 24 (Aug. 10, 2011).); In re Walter R., 2004 ME 77,

1 Date Filed ----'8'-'-/_1_;_7~/_1_1__ Kennebec Docket No. _ _ _ _A_P_-_1_1_-_4_7_ _ _ _ _ __ County

Action ____M_e_n_t_a_l_H_e_a_l_t_h_ _ _ _ _ _ __

J~ Mills

In re: John Davis VS.

Plaintiff's Attorney Defendant's Attorney

Margaret Shalhoob, Esq. Bruce Williams, Esq. :c&-w±-1:-:Hcmrs- Street 11 Lucas Drive Office of Regional Counsel (02) ~~.~-~1 Montville, ME 04941 Department of Veterans Affairs 1 VA Center Augusta Maine 04330

Date of Entry

8/24/11 Entire file transferred from Augusta District Court (MH-11-69), filed 8/17/11.

8/29/11 Letter regarding hearing in District Court on 8/10/11, filed 8/23/11. s/Davis, Pro Se 9/27/11 Transcript, filed 9/26/11. (AUGDC-MH-11-69, of 8/10/11.) s/Cheney, Transcriber, Electronic Recording Division. 9/30/11 NOTICE AND BRIEFING SCHEDULE ISSUED: Copies mailed to attys. 11/9/11 Brief of Appellant, filed. s/Shalhoob, Esq.

12/15/11 Brief of the Appellee, filed. s/Williams, Esq. (filed 12/8/11) 1/20/12 Joint Motion to Waive Oral Argument, filed. s/Williams, Esq.

1/23/11 Letter informing the court no objection to waive oral arguments, filed. s/Shalhoob, Esq. 2/1/12 Proposed Order, filed. 5/17/12 ORDER, Mills. J. Under advisement order issued. Copies to attys. of record. 10/1/12 DECISION AND ORDER, Mills, J. The Order of the District Court dated 8/10/11 is AFFIRMED. Copies mailed to attys. of record File returned to Augusta District Court Copies mailed to repositories