State v. Nielson

Kermit Timothy Nielson, in an amended petition filed in the above matter, sought a declaration of his rights under I.C. § 66-334 to be transferred from one mental health facility to another without prior approval of the district court. Petitioner Nielson had been committed pursuant to I. C. § 18-214 after being acquitted of a first degree murder charge by reason of mental disease or defect excluding responsibility. Petitioner was not seeking a discharge or conditional release, but a determination of the authority of the Department of Health and Welfare to transfer him from one mental…