Cited by
Opinions in New Hampshire that cite Proctor v. Butler, 380 A.2d 673.
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State v. Ploof
34 A.3d 563
N.H. 2011
Despite the Supreme Court’s 1979 ruling in Addington, we declined in 1982 to reexamine the reasonable doubt requirement recognized in Proctor v. Butler, 117 N.H. 927, 935 (1977), as applicable to civil commitment *623 proceedings under RSA chapter 135-C (civil commitment of mentally ill).
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Londonderry School District SAU 12 v. State
958 A.2d 930
N.H. 2008
of Selectmen, 153 N.H. 690, 692 (2006), the relevant statutory provisions at issue in this case are no longer in effect and retaining jurisdiction would not cure “continued uncertainty in the law.” Proctor v. Butler, 117 N.H. 927, 930-31 (1977) (quotation omitted), overruled in part on other grounds by In re Sanborn, 130 N.H. 430 (1988).
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Appeal of Campaign for Ratepayers' Rights
634 A.2d 1345
N.H. 1993
Silva v. Botsch, 120 N.H. 600, 601, 420 A.2d 301, 301-02 (1980); Proctor v. Butler, 117 N.H. 927, 930, 380 A.2d 673, 674 (1977).
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In re Fasi
567 A.2d 178
N.H. 1989
Ultimately, confinement is ordered “not for what one has done, but for what one will do.” Proctor v. Butler, 117 N.H. 927, 934, 380 A.2d 673, 677 (1977).
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In re Sanborn
545 A.2d 726
N.H. 1988
We reverse because the trial court erroneously suppressed evidence of the respondent’s statements to the police, and because Proctor v. Butler, 117 N.H. 927, 935, 380 A.2d 673, 677-78 (1977) must be overruled insofar as it imposed a reasonable doubt burden of proof in civil commitment cases.
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In re Champagne
519 A.2d 310
N.H. 1986
The parties do not dispute, for the purposes of this case, that the standard for involuntary commitment is proof beyond a reasonable doubt that an individual creates “a potentially serious likelihood of danger to himself or to others.” RSA 135-B:26 (repealed by Laws 1986, 212:4, V, effective Jan.
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In re Bagley
513 A.2d 331
N.H. 1986
Cunningham v. Ray, 63 N.H. 406 (1885) (commitment of juvenile to industrial school); see also Proctor v. Butler, 117 N.H. 927, 933, 380 A.2d 673, 676 (1977) (recognizing stigmatization that accompanies involuntary civil commitment).
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State v. Mercier
509 A.2d 1246
N.H. 1986
Proctor v. Butler, 117 N.H. 927, 935, 380 A.2d 673, 678 (1977); see State v. Hudson, 119 N.H. 963, 967, 409 A.2d 1349, 1351 (1979).
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Moody v. Cunningham
503 A.2d 819
N.H. 1986
Royer v. State Dept. of Employment Security, 118 N.H. 673, 675, 394 A.2d 828, 829 (1978); Proctor v. Butler, 117 N.H. 927, 930, 380 A.2d 673, 674-75 (1977).
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Appeal of Seacoast Anti-Pollution League
497 A.2d 847
N.H. 1985
Proctor v. Butler, 117 N.H. 927, 930, 380 A.2d 673, 674-75 (1977); Basinow v. Manchester, 111 N.H. 184, 185, 278 A.2d 346, 348 (1971).
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In re Kathleen M.
493 A.2d 472
N.H. 1985
Further, because of the stigma attached to being involuntarily committed, a person wrongfully subject to such confinement should at least have his or her records appropriately revised to reflect such a finding by this court.
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In re Brown
493 A.2d 447
N.H. 1985
We have recognized the fallibility of psychiatric opinions on the issue of whether a person meets the criteria for involuntary admission, In re Scott L., supra at 332, 469 A.2d at 1338, and the speculative nature of psychiatric predictions of dangerousness, Proctor v. Butler, 117 N.H. 927, 934, 380 A.2d 673, 677 (1977).
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State v. Robb
484 A.2d 1130
N.H. 1984
Gibbs v. Helgemoe, 116 N.H. at 828-29, 367 A.2d at 1043-44; Proctor v. Butler, 117 N.H. 927, 935, 380 A.2d 673, 677 (1977); State v. Gregoire, 118 N.H. at 144, 384 A.2d at 134; Opinion of the Justices, 122 N.H. at 203-04, 442 A.2d at 596; State v. Paradis, 123 N.H. 68, 72, 455 A.2d 1070, 1073 (1983).
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State v. Ballou
481 A.2d 260
N.H. 1984
Opinion of the Justices, 122 N.H. at 203, 42 A.2d at 595 (1982) (“reasonable doubt standard of proof was constitutionally required in criminal recommitment hearings.”); State v. Gregoire, 118 N.H. 140, 142, 384 A.2d 132, 133 (1978) (“we held that in a criminal recommitment hearing”); see also Proctor v. Butler, 117 N.H. 927, 932, 380 A.2d 673, 676 (1977) (quoting In re Miller, 98 N.H. 107, 108-09, 95 A.2d 116, 117 (1953)) (“Due process of law is not to be circumvented by use of the term civil as
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In re Scott L.
469 A.2d 1336
N.H. 1983
construing the extent of the right to counsel granted by RSA 135-B:5, we will accordingly apply the due process test set out in Appeal of Portsmouth Trust Co., 120 N.H. 753, 423 A.2d 603 (1980), keeping in mind that “[t]he loss of liberty and stigmatization present in the involuntary commitment setting are fully comparable to the deprivations attending a criminal conviction.” Proctor v. Butler, 117 N.H. 927, 932-33, 380 A.2d 673, 676 (1977).
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Harriman v. City of Lebanon
446 A.2d 1158
N.H. 1982
We believe that we should proceed to consider these legal issues because they are of sufficient public interest.
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Opinion of the Justices
442 A.2d 594
N.H. 1982
To the Honorable Senate: The undersigned justices of the supreme court reply as follows to your request filed in this court on January 26, 1982: In Proctor v. Butler, 117 N.H. 927, 380 A.2d 673 (1977), this court examined the standard of proof for involuntary civil commitments of persons to the New Hampshire Hospital, a delicate area of the law.
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State v. Hudson
425 A.2d 255
N.H. 1981
This court has applied the beyond a reasonable doubt standard of proof to involuntary commitment proceedings.
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In Re Ronnie Prime
424 A.2d 804
N.H. 1980
For involuntary commitment, the State must prove beyond a reasonable doubt that an individual is potentially dangerous to himself or others.
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Silva v. Botsch
420 A.2d 301
N.H. 1980
Proctor v. Butler, 117 N.H. 927, 380 A.2d 673 (1977); Dolcino v. Thalasinos, 114 N.H. 353, 321 A.2d 107 (1974).
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State v. Schulte
415 A.2d 670
N.H. 1980
Any further consideration of defendant’s claims would be hypothetical, and none of the issues raised are of such public interest as to warrant our further consideration.
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In Re Penny N.
414 A.2d 541
N.H. 1980
That standard is reserved for criminal cases and situations in which the potential result is loss of liberty, see, e.g., Proctor v. Butler, 117 N.H. 927, 380 A.2d 673 (1977); RSA 464-A:25 1(a), or the permanent and stigmatizing loss of one’s parental rights, State v. Robert H. supra.
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State v. Hudson
409 A.2d 1349
N.H. 1979
The burden of proof beyond a reasonable doubt required by Proctor v. Butler, 117 N.H. 927, 380 A.2d 673 (1977), is not insurmountable.
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Hudson v. Miller
399 A.2d 612
N.H. 1979
In re Winship, 397 U.S. 358, 366 (1970); Baxstrom v. Herold, 383 U.S. 107 (1966); Proctor v. Butler, 117 N.H. 927, 932, 380 A.2d 673, 676 (1977); In re Miller, 98 *145 N.H. 107, 108-09, 95 A.2d 116,117 (1953).
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Royer v. State Department of Employment Security
394 A.2d 828
N.H. 1978
Mootness is not subject to rigid rules, but is a matter of convenience and discretion.
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State v. Gregoire
384 A.2d 132
N.H. 1978
Since defendants Gregoire and Shute are asserting objections to the recommittal procedures similar to those of Novosel, and their appeals are not moot, there is no need to apply the public interest exception to the mootness doctrine.
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Novosel v. Helgemoe
384 A.2d 124
N.H. 1978
State v. Gregoire, 118 N.H. 140, 384 A.2d 132 (1978), decided this day; Proctor v. Butler, 117 N.H. 927, 380 A.2d 673 (1977); see Gibbs v. Helgemoe, 116 N.H. 825, 367 A.2d 1041 (1976).