People ex rel. Thorpe v. Clark
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
O’Connor, J.
The issue here presented is whether the Family Court has jurisdiction to commit a juvenile to the Department of Mental Hygiene if it is alleged that the juvenile is a delinquent in a situation where, prior to being adjudicated pursuant to article 7 of the Family Court Act, he is found to be incompetent to defend himself in such proceeding. We hold that the Family Court has such jurisdiction, but that it must be exercised only in a manner consistent with the juvenile’s constitutional right to due process.
These appeals present a novel question concerning the…
2Cases cited10 opinions
- In Re GAULTSupreme Court of the United States · 1967
- Jackson v. IndianaSupreme Court of the United States · 1972
- Humphrey v. CadySupreme Court of the United States · 1972
- People v. LallyNew York Court of Appeals · 1966
- People ex rel. Wayburn v. SchupfNew York Court of Appeals · 1976
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3Cited by14 opinions
- In re Lorie C.New York Court of Appeals · 1980
- Metropolitan Package Store Ass'n v. KochAppellate Division of the Supreme Court of the State of New York · 1982
- Dickson v. Second Judicial District CourtNevada Supreme Court · 1979
- Matter of Two Minor ChildrenNevada Supreme Court · 1979
- Harvey v. FinnickAppellate Division of the Supreme Court of the State of New York · 1982
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