Legal Opinion
United States Ex Rel. Von Wolfersdorf v. Johnston
District Court, S.D. New York
Decided August 31, 1970No. 70 Civ. 3285PublishedCited by 21 opinions
1Opinion of the Court
OPINION
FRANKEL, District Judge.
The 86-year-old relator, determined by the State almost 20 years ago to be “insane” and unable to stand trial on an indictment returned in February of 1951, is confined in Matteawan State Hospital, where the “criminally insane,” see Baxstrom v. Herold, 383 U.S. 107, 111, 86 S.Ct. 760, 15 L.Ed.2d 620 (1966), and other “dangerous” persons are held. The State Department of Mental Hygiene has found that he is not dangerous and that he is suitable for commitment in a civil hospital. The Department says it would cheerfully transfer him to such a place but for New York…
2Cases cited8 opinions
- Fay v. NoiaSupreme Court of the United States · 1963
- Robinson v. CaliforniaSupreme Court of the United States · 1962
- Klopfer v. North CarolinaSupreme Court of the United States · 1967
- Baxstrom v. HeroldSupreme Court of the United States · 1966
- 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
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Jackson v. IndianaSupreme Court of the United States · 1972
- Dezso John Lokos v. Walter Capps, WardenCourt of Appeals for the Fifth Circuit · 1980
- People v. ZapotockySupreme Court of Colorado · 1994
- Gomez v. MillerDistrict Court, S.D. New York · 1972
- Commonwealth v. McQuaidSupreme Court of Pennsylvania · 1975
16 more not listed; retrieve them via the Exa API.