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eBook details

• Title: State Nebraska v. David N. Morris
• Author : Nebraska Court of Appeals
• Release Date : January 07, 1994
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

HANNON, Judge. David N. Morris was acquitted of the crimes of first degree murder and the use of a deadly weapon to commit a felony because he was found to have been insane at the time of the killing. He was thereafter committed to the Lincoln Regional Center (Center) for treatment under Neb. Rev. Stat. §§ 29-3701 to 29-3706 (Reissue 1989). At an annual review under § 29-3703, the trial court did not grant Morris the increased freedom of movement requested by the Center's staff. Morris appeals, seeking to have the terms of his confinement made less restrictive as requested in the staff's annual report, on the basis that the State did not prove by clear and convincing evidence that the more restrictive confinement was necessary. We conclude that when the evidence shows an acquittee remains mentally ill, dangerous, and in need of confinement, the State does not have the burden to prove by clear and convincing evidence that the conditions of the acquittee's confinement are the least restrictive necessary. We further conclude that the trial court has the discretion to restrict the confinement and that the trial court in this case did not abuse its discretion. Accordingly, we affirm.

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