Hawkes v. State
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After Petitioner pled and was found not criminally responsible for the murder of two people by reason of a mental disorder, Petitioner was committed to a state-run medical facility run by the Department of Health and Mental Hygiene (DHMH), where he spent seven years as a patient. Thereafter, Petitioner applied for conditional release. An ALJ recommended that Petitioner be released subject to specified conditions. On appeal, the circuit court judge ruled that the ALJ's finding that Petitioner would not be a danger to himself or others was not supported by substantial evidence and ordered Petitioner's continued confinement. The court of special appeals affirmed. The Supreme Court reversed, holding that the lower courts erred in considering only whether Petitioner posed any risk to himself or the community without taking into account the conditions of release. Remanded.
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