Legal Opinion

In re Cindy R.

Appellate Terms of the Supreme Court of New York

Decided August 20, 2012Published

1Opinion of the Court

OPINION OF THE COURT

Martin J. Schulman, J.

At the request of the parties at the conclusion of the hearing on this writ of habeas corpus for the immediate release of the petitioner from Creedmoor Psychiatric Center, the court expounds upon its June 5, 2012 oral ruling discharging the petitioner.

The writ of habeas corpus at bar presents extraordinary circumstances of such magnitude that the petitioner patient’s illegal retention and violation of her constitutional right to trial by a jury, her right to due process, and her right to counsel require the writ to be determined on a constitutional…

2Cases cited8 opinions

  1. Addington v. TexasSupreme Court of the United States · 1979
  2. State Ex Rel. Harkavy v. ConsilvioNew York Court of Appeals · 2006
  3. Jamie R. v. ConsilvioNew York Court of Appeals · 2006
  4. People v. SchildhausNew York Court of Appeals · 1960
  5. People ex rel. Noel B. v. JonesAppellate Division of the Supreme Court of the State of New York · 1996

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