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PEOPLE v. McQUILLAN

No. 11 April Term 1974, Docket No. 54,613.

392 Mich. 511 (1974)

221 N.W.2d 569

PEOPLE v. McQUILLAN

Supreme Court of Michigan.

Decided September 6, 1974.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Dominick R. Carnovale, Chief, Appellate Department, and Patricia J. Boyle, Assistant Prosecuting Attorney, for the people.

State Appellate Defender Office (by Steven L. Schwartz), for defendant on appeal.

Amicus Curiae: Peter M. Alter, for American Civil Liberties Union of Michigan.

WILLIAMS, 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...

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