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Legal Opinion

Barnes v. Superior Court

California Court of Appeal

Decided October 30, 1986No. A034672PublishedCited by 19 opinions

1Opinion of the Court

*972Opinion

CHANNELL, J.

Petitioner Danny Charles Barnes, Jr., was confined in Atascadero State Hospital after being found not guilty by reason of insanity. In a case of first impression, he seeks a writ of mandate to require respondent superior court to afford him a jury trial on the issue of whether he should be placed in a local mental health program for one year. (Pen. Code, § 1026.2, subd. (e).)1 Under current law,2 Barnes must complete the one-year program before a determination may be made of whether he has been restored to sanity, entitling him to full release. (Ibid.) Having concluded that…

2Cases cited9 opinions

  1. Baxstrom v. HeroldSupreme Court of the United States · 1966
  2. People v. WestCalifornia Supreme Court · 1970
  3. In Re FranklinCalifornia Supreme Court · 1972
  4. In Re ByeCalifornia Supreme Court · 1974
  5. Mills v. StateSupreme Court of Delaware · 1969

4 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. People v. TilburyCalifornia Supreme Court · 1991
  2. People v. DobsonCalifornia Court of Appeal · 2008
  3. People v. SwordCalifornia Court of Appeal · 1994
  4. People v. SoiuCalifornia Court of Appeal · 2003
  5. People v. BeckCalifornia Court of Appeal · 1996

14 more not listed; retrieve them via the Exa API.

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