PEOPLE OF UNITED STATES EX REL. SCHUSTER v. HEROLD

No. 715, Docket 33283.

440 F.2d 1334 (1971)

The PEOPLE of the UNITED STATES ex rel. Roy SCHUSTER, Petitioner-Appellant, v. Ross E. HEROLD, M.D., Director of Dannemora State Hospital, Dannemora, New York, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 26, 1971.


Attorney(s) appearing for the Case

Frederick C. Kneip, New York City, for petitioner-appellant.

Arlene R. Silverman, Asst. Atty. Gen., Samuel A. Hirshowitz, First Asst. Atty. Gen., Louis J. Lefkowitz, Atty. Gen., for respondent-appellee.

Before WATERMAN, SMITH and KAUFMAN, Circuit Judges.


WATERMAN, Circuit Judge:

This case is a sequel to United States ex rel. Schuster v. Herold, 410 F.2d 1071 (2 Cir.), cert. denied, 396 U.S. 847, 90 S.Ct. 81, 24 L.Ed.2d 96 (1969), in which we held that the State of New York should afford Schuster a full hearing on the question of his sanity. The disturbing chronicle of Schuster's conviction, imprisonment, and subsequent transfer to Dannemora State Hospital is fully narrated there,...

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