POWELL v. STATE OF FLORIDA

No. 77-2483.

579 F.2d 324 (1978)

James POWELL, Petitioner-Appellee, v. STATE OF FLORIDA, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 17, 1978.


Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Tallahassee, Fla., Mary Jo M. Gallay, Asst. Atty. Gen., Tampa, Fla., for respondent-appellant.

B. Robert Ohle, St. Petersburg, Fla., for petitioner-appellee.

Before BROWN, Chief Judge, THORNBERRY and CLARK, Circuit Judges.


CHARLES CLARK, Circuit Judge:

In this appeal from the grant of a writ of habeas corpus, the state of Florida attacks the district court's holding that the petitioner's equal protection rights were violated since he, a person acquitted of a crime by reason of insanity, was not afforded the same procedural protections before commitment to a state mental hospital that apply in other involuntary civil commitment cases. We vacate, holding that although a state must afford...

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