 For example, a prisoner seeking "habeas corpus" relief from capital punishment must prove his factual innocence by clear and convincing evidence.New York State uses this standard when a court must determine whether to involuntarily hospitalize a mentally ill patient or to issue an Assisted Outpatient Treatment Order.This standard is used in many types of equity cases, including paternity, persons in need of supervision, child custody, the probate of both wills and living wills, petitions to remove a person from life support ("right to die" cases), mental hygiene and involuntary hospitalizations, and many similar cases.