Brisbin v. Schauer

Robert Lee Brisbin (hereinafter referred to as appellant) was charged with murder in the first degree to which he pleaded not guilty by reason of insanity. He was tried to the court and found not guilty by reason of insanity at the time of the alleged commission of the crime. He was committed to the Colorado State Hospital at Pueblo.

Six months later, in December, 1969, appellant filed a Petition for Writ of Habeas Corpus asking the Montezuma County District Court to determine if he was entitled to discharge or conditional release. The court issued the writ and a return was filed. In January,…