State Ex Rel. Marberry v. MacHt

¶ 36. (concurring). I understand and share the reticence of Justice Sykes' lead opinion for the remedy of release. Marberry continues to suffer from a mental illness which makes it substantially probable that he will engage in acts of sexual violence if not continued in institutional care. Release at this time would unduly endanger the public.

¶ 37. Nevertheless, I disagree with the proffered remedies of the lead opinion!1 They are inadequate and unworkable. Perhaps most problematic, however, is that the lead opinion's remedies are misdirected. Rather than put the onus of ensuring compliance…