Hogan v. Nagel

Fletcher, Presiding Justice.

We granted the application for interlocutory review in this habeas action to consider whether a person involuntarily committed to a mental health facility following an acquittal by reason of insanity must first exhaust remedies under the criminal procedure code before seeking habeas relief. Because the mental health code specifically permits an involuntary detainee to seek habeas relief “at any time,” we conclude that exhaustion of remedies is not required and affirm the habeas court.

In 1981 David Nagel was acquitted of murder based on an insanity plea. A person…