Legal Opinion

Hudec v. Superior Court

California Supreme Court

Decided January 5, 2015No. S213003PublishedCited by 37 opinions

1Opinion of the Court

Opinion

WERDEGAR, J.

A person found not guilty of a felony by reason of insanity may be committed to a state hospital for a period no longer than the maximum prison sentence for his or her offense or offenses (Pen. Code, § 1026.5, subd. (a)), 1 but the commitment may be extended if, because of mental disorder, the person “represents a substantial danger” to others (id.., subd. (b)(1)). In the trial of that issue, “[t]he person shall be entitled to the rights guaranteed under the federal and State Constitutions for criminal proceedings.” (Id., subd. (b)(7).)

The question presented here is…

2Cases cited19 opinions

  1. Murphy v. Waterfront Commission of New York HarborSupreme Court of the United States · 1964
  2. Specht v. PattersonSupreme Court of the United States · 1967
  3. Allen v. IllinoisSupreme Court of the United States · 1986
  4. People v. BurnickCalifornia Supreme Court · 1975
  5. Simpson Strong-Tie Co., Inc. v. GoreCalifornia Supreme Court · 2010

14 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. People v. TranCalifornia Supreme Court · 2015
  2. People v. DunleyCalifornia Court of Appeal · 2016
  3. People v. SmithCalifornia Court of Appeal · 2015
  4. People v. Flint, California Court of Appeal, 5th District2018
  5. People v. AlsafarCalifornia Court of Appeal · 2017

32 more not listed; retrieve them via the Exa API.

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