Legal Opinion
Lopez v. Evans
Appellate Division of the Supreme Court of the State of New York
Decided December 27, 2012Published
1Opinion of the Court
OPINION OF THE COURT
Friedman, J.
This appeal requires us to determine whether a parole revocation proceeding may go forward against a parolee who has been found mentally incompetent to stand trial in a criminal prosecution based on the same charges that are at issue in the revocation proceeding. We hold that, under the circumstances of this case, the revocation proceeding may not go forward.
Petitioner Edwin Lopez was sentenced to 15 years to life on a second-degree murder conviction in the 1970s, and was released from prison to lifetime parole supervision on July 20, 1994. On or about August…
2Cases cited10 opinions
- Morrissey v. BrewerSupreme Court of the United States · 1972
- City of New York v. State of New York Commission on Cable TelevisionNew York Court of Appeals · 1979
- Mental Hygiene Legal Services v. FordNew York Court of Appeals · 1998
- State v. QuallsOhio Court of Appeals · 1988
- People ex rel. Newcomb v. MetzAppellate Division of the Supreme Court of the State of New York · 1978
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