Samuel Lockett v. Albert Montemango, Warden, Brooklyn House of Detention, Brooklyn, New York

TIMBERS, Circuit Judge:

The warden of the Brooklyn House of Detention (the “State”) appeals from a judgment entered in the Eastern District of New York, Mark A. Costantino, District Judge, 618 F.Supp. 147, which granted a petition for a writ of habeas corpus, enjoined the State from prosecuting Samuel Lockett (“appellee”) for armed robbery, and ordered the State to examine appellee under its civil commitment procedures.

The district court, in an opinion directly contrary to a unanimous opinion of the New York Court of Appeals in the underly ing criminal action, held that, since the state trial…