Legal Opinion
People v. McQuillan
Michigan Supreme Court
Decided September 6, 1974No. 11 April Term 1974, Docket No. 54,613PublishedCited by 93 opinions
1Opinion of the CourtWilliams, J.
The major issue in this case is whether the automatic commitment statute, MCLA 767.27b; MSA 28.966(12)1 is unconstitutional in that automatic commitment deprives one found not guilty by reason of insanity of (1) due process by lack of a hearing on present sanity before commitment or within a reasonable time thereafter and/or (2) equal protection of the laws by not providing similar commitment and release procedures found in other (e.g. civil) commitment proceedings.2
Specifically this opinion considers the following issues in order:(1) Does a circuit court, upon motion, have jurisdiction to…
2Cases cited15 opinions
- Boddie v. ConnecticutSupreme Court of the United States · 1971
- Jackson v. IndianaSupreme Court of the United States · 1972
- Specht v. PattersonSupreme Court of the United States · 1967
- Baxstrom v. HeroldSupreme Court of the United States · 1966
- Traverse City School Dist. v. Atty. Gen.Michigan Supreme Court · 1971
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3Cited by93 opinions
- State v. KrolSupreme Court of New Jersey · 1975
- People v. PetrellaMichigan Supreme Court · 1986
- People v. HackettMichigan Supreme Court · 1985
- People v. WebbMichigan Supreme Court · 1998
- United States v. Lewis C. Ecker, IICourt of Appeals for the D.C. Circuit · 1977
88 more not listed; retrieve them via the Exa API.