Legal Opinion · Dissent

State ex rel. D. W. v. Hensley

Supreme Court of Missouri

Decided December 18, 1978No. Nos. 60823, 60834Published

1DissentSeiler, Judge

The majority concludes that this case is moot because the petitioners have been released and no collateral consequences of commitment have been demonstrated. I respectfully disagree for two reasons. First, if such a hearing were required, the proper course would be to remand for a hearing rather than to dismiss. Second, a number of collateral consequences of commitment do exist which can be recognized by this court without resort to an evidentia-ry hearing.

*392At the time these petitions were filed and our writ issued, both petitioners were in the custody of the Department of Mental Health. They…

2Cases cited13 opinions

  1. Sibron v. New YorkSupreme Court of the United States · 1968
  2. Carafas v. LaValleeSupreme Court of the United States · 1968
  3. Schmidt v. LessardSupreme Court of the United States · 1974
  4. Lessard v. SchmidtDistrict Court, E.D. Wisconsin · 1972
  5. Lessard v. SchmidtDistrict Court, E.D. Wisconsin · 1974

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