Earlier this year, The U.S. Court of Appeals for the Eighth Circuit upheld a Minnesota law that provided for the indefinite detention of sex offenders after completion of their prison sentences. U.S. District Court Judge Donovan Frank wrote that the ...

Tagged with: civil commitment

In a major blow to civil liberties, an appeals court has upheld the Minnesota system that civilly commits sex offenders after they’ve served their prison terms, a confinement from which no one has ever been fully released. The decision, filed ...

Tagged with: civil commitment sex offender U.S Court of Appeals

Appellate Division, Fourth Department Civil Commitment Findings of Fact Matter of Brusso CA 11-02586 Appealed from Supreme Court, Monroe County Background: The respondent was found to be a dangerous sex offender requiring confinement under Mental Hygiene Law article 10. On ...

Tagged with: Appellate Division civil commitment Fourth Department

Appellate Division, Fourth Department Civil Commitment Release Date State v. Calhoun CA 11-02578 Appealed from Supreme Court, Jefferson County Background: A criminal defendant was convicted in state court of sex offenses and afterward in federal court for additional sex offenses. ...

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Appellate Division, Fourth Department Civil Commitment Independent Psychiatric Evaluations — Indigent Person State of New York v. Johnson CA 11-00335 Appealed from Supreme Court, Erie County Background: The respondent appealed from an order revoking his prior regimen of strict and ...

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Appellate Division, Fourth Department Civil Commitment Burden of Proof State of New York v. High CA 09-01153 Background: A man was adjudicated a dangerous sex offender requiring civil commitment under the Mental Hygiene Law and committed to a secure treatment ...

Tagged with: Appellate Division burden of proof civil commitment Fourth Department

Appellate Division, Fourth Department Civil Commitment Post-Release Supervision People ex rel MHLS obo Martinek KAH 09-02055 Appealed from Supreme Court, Oneida County Background: A state inmate who was subjected to “civil commitment” as a sex offender brought a habeas corpus ...

Tagged with: Appellate Division civil commitment Fourth Department post-release supervision

Appellate Division, Fourth Department Civil Commitment Sex Offenders Martinek v. Sawyer 1191 Appealed from Supreme Court, Oneida County Background: In appeal No. 1, the petitioner appeals from a judgment dismissing his petition seeking habeas corpus relief with respect to his ...

Tagged with: Appellate Division civil commitment Fourth Department sex offenders

Appellate Division, Fourth Department Civil Commitment Effective Assistance State v. Campany CA 09-00375 Appealed from Supreme Court, Lewis County Background: A repeat sex offender was the subject of a civil commitment proceeding under Mental Hygiene Law Article 10 for involuntary ...

Tagged with: Appellate Division Case Digests civil commitment Fourth Department