Legal Opinion

Lewis v. Delaware State Hospital

District Court, D. Delaware

Decided April 30, 1980No. Civ. A. 79-529PublishedCited by 6 opinions

1Opinion of the Court

OPINION

MURRAY M. SCHWARTZ, District Judge.

Dio W. Lewis (“petitioner”) has petitioned for a writ of habeas corpus seeking release from his involuntary commitment to the Delaware State Hospital. Presently before the Court is the motion of respondents Delaware State Hospital and the Hospital Director to dismiss the petition because of petitioner’s escape from the hospital and continued fugitive status.

On July 11, 1974, petitioner was indicted by a Delaware Grand Jury for a rape that occurred on June 17 of that year. (State Docket No. 1). After stipulating to the facts establishing a prima facie…

2Cases cited30 opinions

  1. Fay v. NoiaSupreme Court of the United States · 1963
  2. Braden v. 30th Judicial Circuit Court of KentuckySupreme Court of the United States · 1973
  3. Carafas v. LaValleeSupreme Court of the United States · 1968
  4. Jones v. CunninghamSupreme Court of the United States · 1963
  5. Mollan v. TorranceSupreme Court of the United States · 1824

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3Cited by6 opinions

  1. In Re Ben Jean Prevot and Arielle Dominique Prevot, the Minor Children. Jean-Claude Prevot v. Debra Moseman PrevotCourt of Appeals for the Sixth Circuit · 1995
  2. Bagwell v. DretkeCourt of Appeals for the Fifth Circuit · 2004
  3. Clark v. DalsheimDistrict Court, S.D. New York · 1987
  4. Cordell v. TiltonDistrict Court, S.D. California · 2007
  5. United States v. O'NealDistrict Court, D. Kansas · 1998

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