Legal Opinion
State Ex Rel. Allen v. Radack
South Dakota Supreme Court
Decided November 12, 1976No. 11800PublishedCited by 5 opinions
1Opinion of the Court
BRANDENBURG, Circuit Judge.
Petitioner was tried in Pennington County, South Dakota, on a charge of murder and his defense was a plea of “not guilty by reason of mental illness.” The jury returned a verdict in accordance with the plea. The trial judge committed the petitioner to the Human Services Center in Yankton, South Dakota. Petitioner filed a petition for writ of habeas corpus in the county where the center is located. The circuit judge granted the writ and petitioner was released. The state appeals. We reverse.
There can be no question about the trial judge having the authority to commit…
2Cases cited5 opinions
- Overholser v. De MarcosCourt of Appeals for the D.C. Circuit · 1945
- State Ex Rel. Barnes v. BehanSouth Dakota Supreme Court · 1963
- Orencia v. OverholserCourt of Appeals for the D.C. Circuit · 1947
- Warner v. StateSupreme Court of Minnesota · 1976
- Morton W. Southard and James L. Hansberger, Individually and as Partners Doing Business in the Firm Name of H & L Supply v. United StatesCourt of Appeals for the Ninth Circuit · 1955
3Cited by5 opinions
- Robinson v. StateCourt of Appeals of Maryland · 1983
- State v. SmithCourt of Appeals of Oregon · 1984
- State v. Black FeatherSouth Dakota Supreme Court · 1976
- Allen v. RadackDistrict Court, D. South Dakota · 1977
- State v. Black FeatherSouth Dakota Supreme Court · 1976