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MARSHALL v. KORT

No. 82SA518.

690 P.2d 219 (1984)

Donald MARSHALL, Petitioner-Appellant, v. Haydee KORT, Superintendent, Colorado State Hospital, Respondent-Appellee.

Supreme Court of Colorado, En Banc.

October 22, 1984.

Attorney(s) appearing for the Case

David F. Vela, Colorado State Public Defender, Diana L. DeGette, Sp. Deputy State Public Defender, Denver, for petitioner-appellant.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Joel W. Cantrick, Sol. Gen., M. Tracy James, Asst. Atty. Gen., Denver, for respondent-appellee.

DUBOFSKY, Justice.

The petitioner Donald Marshall appeals the Pueblo County District Court's dismissal of his petition for a writ of habeas corpus. The court ruled that habeas corpus was not the proper remedy for failure to treat the petitioner, who had been committed to the state psychiatric hospital after a verdict of not guilty by reason of insanity. We reverse.

The petitioner was found not guilty by reason of insanity in 1979, and was committed to the...

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