Legal Opinion
Neely v. Hogan
New York Supreme Court
Decided April 1, 1970PublishedCited by 16 opinions
1Opinion of the CourtJacob Markowitz, J.
Plaintiff, presently being held at Matteawan State Hospital, brings this action against the District Attorney of New York County and one of his assistants for a declaratory judgment. The action is brought in plaintiff’s own behalf and as a class action under CPLB. 1005 on behalf of 1 ‘ all persons now confined pursuant to the authority of the Code of Criminal Procedure, Sec. 662-b, who wish to assert motions attacking their indictments ”, Defendants have moved to dismiss on dual grounds: (1) that plaintiff does not have legal capacity to sue and (2) that the complaint fails to state a cause…
2Cases cited6 opinions
- Baxstrom v. HeroldSupreme Court of the United States · 1966
- United States of America Ex Rel. Roy Schuster, Relator-Appellant v. Ross E. Herold, M.D., Director of Dannemora State Hospital, Dannemora, New YorkCourt of Appeals for the Second Circuit · 1969
- Finch v. GoldsteinNew York Court of Appeals · 1927
- Youtsey v. United StatesCourt of Appeals for the Sixth Circuit · 1899
- Herold v. SchusterSupreme Court of the United States · 1969
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Jackson v. IndianaSupreme Court of the United States · 1972
- James Leroy Iverson v. State of North DakotaCourt of Appeals for the Eighth Circuit · 1973
- Gomez v. MillerDistrict Court, S.D. New York · 1972
- United States Ex Rel. Von Wolfersdorf v. JohnstonDistrict Court, S.D. New York · 1970
- Kirwan v. StateSupreme Court of Connecticut · 1975
11 more not listed; retrieve them via the Exa API.