Moss v. Director

Orth, J., dissents and filed a dissenting opinion at page 569 infra.

The issue in this case is whether the petitioner’s confinement at the Patuxent Institution is proper. Since we conclude that a statutory condition precedent to his institutionalization there was not complied with, we are constrained to hold that petitioner Edward Arnold Moss must be released from Patuxent and returried to the custody of the Department of Correction to serve the remainder of his sentence.

Initially, we think it appropriate to delineate briefly those procedures which must be followed before one is committed to…