MOSS v. DIRECTOR

[No. 88, September Term, 1976.]

279 Md. 561 (1977)

369 A.2d 1011

EDWARD ARNOLD MOSS v. DIRECTOR, PATUXENT INSTITUTION

Court of Appeals of Maryland.

Decided March 2, 1977.


Attorney(s) appearing for the Case

John H. Harman, Assigned Public Defender, for appellant.

Donald R. Stutman, Assistant Attorney General, with whom were Francis B. Burch, Attorney General, and Clarence W. Sharp, Assistant Attorney General, on the brief, for appellee.

The cause was argued before SINGLEY, SMITH, DIGGES, LEVINE, ELDRIDGE and ORTH, JJ., and ROBERT F. SWEENEY, Chief Judge of the District Court of Maryland, specially assigned.


DIGGES, J., delivered the opinion of the Court. ORTH, J., dissents and filed a dissenting opinion at page 569 infra.

The issue in this case is whether the petitioner's confinement at the Patuxent Institution is proper. Since we conclude that a statutory condition precedent to his institutionalization there was not complied with, we are constrained to hold that petitioner Edward Arnold Moss must be released from Patuxent and returned to the custody of the Department...

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