State v. Ted B.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*30OPINION OF THE COURT
Chambers, J.
Under article 10 of the Mental Hygiene Law, Ted B., a detained sex offender, has both a statutory and state constitutional right to a jury trial to determine whether he suffers from a mental abnormality requiring civil management. For the reasons that follow, we conclude that an on-the-record colloquy is required to ensure that a detained sex offender validly waives that right to a jury trial on the issue of mental abnormality. This requirement was not satisfied here, where the waiver of Ted B.’s right to a jury trial was apparently based solely upon a letter…
2Cases cited29 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Morrissey v. BrewerSupreme Court of the United States · 1972
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Duncan v. LouisianaSupreme Court of the United States · 1968
- Addington v. TexasSupreme Court of the United States · 1979
24 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- People v. ParrisAppellate Division of the Supreme Court of the State of New York · 2017
- Matter of State of New York v. Clyde J.Appellate Division of the Supreme Court of the State of New York · 2016
- People ex rel. Neville v. ToulonAppellate Division of the Supreme Court of the State of New York · 2023
- 385 Bayview LLC v. WarrenNassau County District Court · 2016
- Matter of State of New York v. Wayne J.Appellate Division of the Supreme Court of the State of New York · 2017
5 more not listed; retrieve them via the Exa API.