Cited by

Opinions in New Hampshire that cite Proctor v. Butler, 380 A.2d 673.

27 citing documents.

  • 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).
  • 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    of Selectmen, 153 N.H. 690, 692 (2006), the relevant statutory provisions at issue in this case are no longer in effect and retaining jurisdiction would not cure “continued uncertainty in the law.”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).
  • 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).
  • 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).
  • 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.
  • 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 RSA 135-B:26 (repealed by Laws 1986, 212:4, V, effective Jan.
  • 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).
  • 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).
  • 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).
  • 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).
  • 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.
  • 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).
  • 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).
  • 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
  • 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).
  • 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.
  • 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.
  • 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.
  • 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.
  • 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).
  • 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.
  • 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.
  • 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.
  • 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).
  • 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.
  • 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.
  • 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).