Legal Opinion
State v. Doe
New York Supreme Court
Decided December 23, 2009PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
David Demarest, J.
This is a special proceeding, pursuant to article 10 of the Mental Hygiene Law, which seeks the civil confinement of the respondent as a “dangerous sex offender.” Respondent moves to dismiss for lack of subject matter jurisdiction and on the further grounds that the application of article 10 to this respondent would violate his constitutional right to due process of law.
There are two questions presented for resolution. First, may the Attorney General file a “sex offender management petition” based upon a report of a “psychiatric examiner” who did not…
2Cases cited7 opinions
- In Re WINSHIPSupreme Court of the United States · 1970
- In Re GAULTSupreme Court of the United States · 1967
- In re Samuel W.New York Court of Appeals · 1969
- People ex rel. Thorpe v. ClarkAppellate Division of the Supreme Court of the State of New York · 1978
- In re Jeffrey C.New York City Family Court · 1975
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- State v. John P.New York Court of Appeals · 2012
- State v. MackNew York Supreme Court · 2010