Legal Opinion
Allen v. Radack
District Court, D. South Dakota
Decided February 10, 1977No. CIV77-5001PublishedCited by 7 opinions
1Opinion of the Court
MEMORANDUM OPINION
BOGUE, District Judge.
I. FACTUAL BACKGROUND.
Petitioner in the above-entitled matter is presently in the custody of Respondent, having been first committed to such custody shortly after being acquitted by reason of mental illness of the charge of murder in the South Dakota Circuit Court for the Seventh Judicial Circuit. Under South Dakota law, an acquittal by reason of mental illness means that the defendant has sufficiently raised the issue of his or her sanity at the time of the offense, and that the prosecution has failed to prove beyond a reasonable doubt that the…
2Cases cited25 opinions
- In Re WINSHIPSupreme Court of the United States · 1970
- Mullaney v. WilburSupreme Court of the United States · 1975
- Jackson v. IndianaSupreme Court of the United States · 1972
- Specht v. PattersonSupreme Court of the United States · 1967
- Baxstrom v. HeroldSupreme Court of the United States · 1966
20 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Taylor v. Commissioner of Mental Health & Mental RetardationSupreme Judicial Court of Maine · 1984
- Philip Charles Kellotat v. Hoyt C. Cupp, Superintendent, Oregon State Penitentiary the Attorney General of the State of Oregon, David FrohnmayerCourt of Appeals for the Ninth Circuit · 1983
- William J. Warren v. Henry M. Harvey, Acting Director, Whiting Forensic Institute, Middletown, ConnecticutCourt of Appeals for the Second Circuit · 1980
- Benham v. EdwardsCourt of Appeals for the Fifth Circuit · 1982
- State v. LindquistUtah Supreme Court · 1983
2 more not listed; retrieve them via the Exa API.