Legal Opinion
Mental Hygiene Legal Services ex rel. James U. v. Rhodes
Appellate Division of the Supreme Court of the State of New York
Decided January 20, 1994PublishedCited by 16 opinions
1Opinion of the Court
OPINION OF THE COURT
White, J.
Petitioner has been in the custody of the Commissioner of Mental Health since 1987 when he pleaded not responsible by reason of mental disease or defect to charges of attempted murder and reckless endangerment. He is presently detained at Binghamton Psychiatric Facility in Broome County pursuant to a two-year retention order issued on August 19, 1992. On June 24, 1993, petitioner commenced this habeas corpus proceeding alleging that, because his mental illness is in remission, it is constitutionally impermissible to continue his involuntary detention solely on the…
2Cases cited5 opinions
- Foucha v. LouisianaSupreme Court of the United States · 1992
- Northern Westchester Professional Park Associates v. Town of BedfordNew York Court of Appeals · 1983
- Matter of Torsney (Mental Hygiene)New York Court of Appeals · 1979
- MATTER OF MENTAL HYGIENE LEGAL SERVS. v. WackNew York Court of Appeals · 1989
- Winslow v. O'NeillAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by16 opinions
- State v. TooleySupreme Court of Missouri · 1994
- State v. MillerHawaii Supreme Court · 1997
- The People of the State of New York, ex rel. Lesley M. DeLia v. Douglas MunseyNew York Court of Appeals · 2015
- People ex rel. Noel B. v. JonesAppellate Division of the Supreme Court of the State of New York · 1996
- In re Stephen W.Appellate Division of the Supreme Court of the State of New York · 2011
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