Legal Opinion

State Ex Rel. Schopf v. Schubert

Wisconsin Supreme Court

Decided February 6, 1970No. State 113PublishedCited by 41 opinions

1Opinion of the CourtWilkie, J.

Petitioner maintains that the circuit court for Marathon county, in committing petitioner to Central State Hospital under sec. 957.11 (3), Stats., did so without making a finding of insanity at the time of commitment as distinguished from the time of the offense and without first according him a judicial hearing.

Petitioner contends that sec. 957.11 (3), Stats., is unconstitutional on two grounds: (1) It is a denial of equal protection of the laws, and (2) it is a denial of due process.

*648Thus the first issue presented is whether it is a denial of equal protection to automatically commit a person…

2Cases cited6 opinions

  1. McGowan v. MarylandSupreme Court of the United States · 1961
  2. Specht v. PattersonSupreme Court of the United States · 1967
  3. Baxstrom v. HeroldSupreme Court of the United States · 1966
  4. People v. LallyNew York Court of Appeals · 1966
  5. Servonitz v. StateWisconsin Supreme Court · 1907

1 more not listed; retrieve them via the Exa API.

3Cited by41 opinions

  1. State v. KrolSupreme Court of New Jersey · 1975
  2. State Ex Rel. Hammermill Paper Co. v. La PlanteWisconsin Supreme Court · 1973
  3. State Ex Rel. Johnson v. CadyWisconsin Supreme Court · 1971
  4. In Re FranklinCalifornia Supreme Court · 1972
  5. Commonwealth v. KostkaMassachusetts Supreme Judicial Court · 1976

36 more not listed; retrieve them via the Exa API.

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