Legal Opinion
In the Matter of Edwin Lopez v. Andrea Evans
New York Court of Appeals
Decided April 7, 2015No. 51PublishedCited by 10 opinions
1Opinion of the Court
OPINION OF THE COURT
Pigott, J.
We hold that when a parolee lacks mental competency to stand trial, it is a violation of his or her due process rights to conduct a parole revocation hearing. In light of our concerns about the application of the pertinent statutes to such individuals, we urge the legislature to address the issues raised by the parties to this litigation.
L
In 1999, petitioner Edwin Lopez, who had been convicted of murder and was serving a sentence of 15 years to life in prison, was released on lifetime parole supervision. Four years later, he was charged with misdemeanor assault.…
2Cases cited8 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Morrissey v. BrewerSupreme Court of the United States · 1972
- Drope v. MissouriSupreme Court of the United States · 1975
- People ex rel. Menechino v. WardenNew York Court of Appeals · 1971
- People ex rel. Matthews v. New York State Division of ParoleNew York Court of Appeals · 1983
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- People v. ParrisAppellate Division of the Supreme Court of the State of New York · 2017
- People ex rel. Green v. Superintendent of Sullivan Correctional FacilityAppellate Division of the Supreme Court of the State of New York · 2016
- Matter of Polzella v. EvansAppellate Division of the Supreme Court of the State of New York · 2015
- People ex rel. Fortunato v. WardenNew York Supreme Court · 2015
- Matter of Banks v. StanfordAppellate Division of the Supreme Court of the State of New York · 2018
5 more not listed; retrieve them via the Exa API.