Legal Opinion

Hearne v. United States

District of Columbia Court of Appeals

Decided September 23, 1993No. 92-CO-1056 & 92-CO-1086PublishedCited by 8 opinions

1Opinion of the Court

STEADMAN, Associate Judge:

Appellant, confined to St. Elizabeth’s Hospital pursuant to a judgment of not guilty by reason of insanity, filed a motion for release from the Hospital pursuant to D.C.Code § 24-301(k) (1989). 1 He had a lengthy hearing and was denied release in an extensive written opinion. We deal principally with appellant’s contention that the trial court improperly placed the burden of proof on him to show his entitlement to release.

An insanity acquittee who has either regained his sanity or is no longer a danger to himself or society may no longer be confined in a mental…

2Cases cited13 opinions

  1. Addington v. TexasSupreme Court of the United States · 1979
  2. Foucha v. LouisianaSupreme Court of the United States · 1992
  3. Jones v. United StatesSupreme Court of the United States · 1983
  4. Donald Ragsdale v. Winfred Overholser, Superintendent, St. Elizabeths HospitalCourt of Appeals for the D.C. Circuit · 1960
  5. Winfred Overholser v. Herbert T. O'BeirneCourt of Appeals for the D.C. Circuit · 1962

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3Cited by8 opinions

  1. Reiter v. StateWyoming Supreme Court · 2001
  2. State v. PlattWashington Supreme Court · 2001
  3. State v. TooleySupreme Court of Missouri · 1994
  4. State v. MillerHawaii Supreme Court · 1997
  5. Francis S. v. StoneDistrict Court, S.D. New York · 1998

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