Legal Opinion

People ex rel. Brown v. Johnston

New York Court of Appeals

Decided April 27, 1961PublishedCited by 34 opinions

1Opinion of the CourtBurke, J.

The appellant, a prisoner, validly incarcerated in one prison, seeks a writ of habeas corpus in connection with an allegedly invalid transfer to a State hospital for the insane maintained at another penal institution.

Appellant was sentenced in October of 1952, upon a plea of guilty to rape in the first degree, to hard labor at Attica State Prison for the indeterminate sentence of one day to life. The sentence was presumably imposed subsequent to a psychiatric examination and the submission to the court of a report thereof in accordance with section 2189-a of the Penal Law.

In May of 1957…

2Cases cited8 opinions

  1. People v. GersewitzNew York Court of Appeals · 1945
  2. In Re RiderCalifornia Court of Appeal · 1920
  3. In Re ByrnesCalifornia Supreme Court · 1945
  4. People v. . GitlowNew York Court of Appeals · 1922
  5. People Ex Rel. Morriale v. BranhamNew York Court of Appeals · 1943

3 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. United States of America Ex Rel. Roy Schuster, Relator-Appellant v. Ross E. Herold, M.D., Director of Dannemora State Hospital, Dannemora, New YorkCourt of Appeals for the Second Circuit · 1969
  2. Sostre v. RockefellerDistrict Court, S.D. New York · 1970
  3. Commonwealth Ex Rel. Bryant v. HendrickSupreme Court of Pennsylvania · 1971
  4. Penrod v. CuppOregon Supreme Court · 1978
  5. Harrah v. LeveretteWest Virginia Supreme Court · 1980

29 more not listed; retrieve them via the Exa API.

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