Legal Opinion

In re M.B.

Supreme Court of Vermont

Decided June 15, 2004No. 03-305PublishedCited by 16 opinions

1Opinion of the Court

¶ 1. M.B. appeals a Washington Superior Court order denying his petition for a writ of habeas corpus seeking release from Vermont State Hospital (VSH). M.B. claims the court erred when it held that the State substantially complied with the emergency examination statutes even though M.B. was taken into police custody before the application authorizing his detention was completed. We find that any defect in M.B.’s initial custody had no bearing on the legal basis for his restraint at the time he petitioned for a writ of habeas corpus. We affirm.

¶ 2. On May 23, 2003, at the request of his…

2Cases cited6 opinions

  1. Stallings v. SplainSupreme Court of the United States · 1920
  2. State v. PollanderSupreme Court of Vermont · 1997
  3. Amy's Enterprises v. SorrellSupreme Court of Vermont · 2002
  4. Harlow v. MillerSupreme Court of Vermont · 1986
  5. Brown v. WhitcombSupreme Court of Vermont · 1988

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

3Cited by16 opinions

  1. In re T.C.Supreme Court of Vermont · 2007
  2. ALBERINO v. BalchSupreme Court of Vermont · 2008
  3. Wayne Doncaster & Elizabeth Doncaster v. John A. Hane, Pam Hane & Town of IrasburgSupreme Court of Vermont · 2020
  4. State v. BirchardSupreme Court of Vermont · 2010
  5. In re T.S.S.Supreme Court of Vermont · 2015

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

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