Legal Opinion

Ernst J. v. Stone

Court of Appeals for the Second Circuit

Decided June 21, 2006No. Docket No. 05-2754-PRPublishedCited by 17 opinions

1Opinion of the Court

JOSÉ A. CABRANES, Circuit Judge.

In New York State, once a criminal defendant pleads not responsible by reason of mental disease or defect (“NRRMDD”), the state has several options: it may commit him to a secure psychiatric facility, commit him to a non-secure psychiatric facility, release him subject to an “order of conditions,” or in rare circumstances, discharge him unconditionally. Those defendants who are initially released subject to an order of conditions may, if their condition deteriorates, be “recommitted” involuntarily to a secure psychiatric facility upon a finding — by a…

2Cases cited20 opinions

  1. Williams v. TaylorSupreme Court of the United States · 2000
  2. Addington v. TexasSupreme Court of the United States · 1979
  3. Craig v. BorenSupreme Court of the United States · 1976
  4. Foucha v. LouisianaSupreme Court of the United States · 1992
  5. Jackson v. IndianaSupreme Court of the United States · 1972

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3Cited by17 opinions

  1. Kachalsky v. County of WestchesterCourt of Appeals for the Second Circuit · 2012
  2. New York State Rifle & Pistol Ass'n v. CuomoCourt of Appeals for the Second Circuit · 2015
  3. Janakievski v. Executive Director, Rochester Psychiatric CenterCourt of Appeals for the Second Circuit · 2020
  4. United States v. Gerald TimmsCourt of Appeals for the Fourth Circuit · 2012
  5. New York State Rifle & Pistol Ass'n v. CuomoDistrict Court, W.D. New York · 2013

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