Legal Opinion
State v. Nielsen
Idaho Supreme Court
Decided June 18, 1998No. 22887PublishedCited by 4 opinions
1Opinion of the Court
WALTERS, Justice.
Kermit Nielsen has been committed to a mental institution since his acquittal by reason of insanity in 1972 for the murder of his girlfriend. In October 1994, Nielsen filed a petition for conditional release pursuant to I.C. § 66-337(d) alleging that he was no longer mentally ill and that he did not fit the criterion for civil commitment. After a hearing on the state’s motion to dismiss the petition, the district court concluded that Nielsen’s petition should be dismissed because section (d) of I.C. § 66-337 had been struck down by this Court as unconstitutional following the…
2Cases cited10 opinions
- Foucha v. LouisianaSupreme Court of the United States · 1992
- Carter v. Carter Coal Co.Supreme Court of the United States · 1936
- Electric Bond & Share Co. v. Securities & Exchange Comm'nSupreme Court of the United States · 1938
- Friel v. Boise City Housing AuthorityIdaho Supreme Court · 1994
- Idaho Schools for Equal Educational Opportunity v. EvansIdaho Supreme Court · 1993
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3Cited by4 opinions
- Planned Parenthood of Idaho, Inc. v. WasdenCourt of Appeals for the Ninth Circuit · 2004
- Matsumoto v. LabradorCourt of Appeals for the Ninth Circuit · 2024
- Concerned Taxpayers of Kootenai County v. Kootenai CountyIdaho Supreme Court · 2002
- Planned Parenthood of Idaho, Inc. Glenn H. Weyhrich, M.D. v. Lawrence Wasden, Attorney General of the State of Idaho Greg Bower, Ada County Prosecuting Attorney, Planned Parenthood of Idaho, Inc. Glenn H. Weyhrich, M.D. v. Lawrence Wasden, Attorney General of the State of Idaho Greg Bower, Ada County Prosecuting AttorneyCourt of Appeals for the Ninth Circuit · 2004