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C.I.I. v. DALTON

No. 87-463.

536 A.2d 542 (1987)

C.I.I. v. William DALTON, Commissioner of Mental Health, and Claudia A. Stone, Head of Hospital.

Supreme Court of Vermont.

Reargument Denied November 20, 1987.

Attorney(s) appearing for the Case

Ginny McGrath and John D. Shullenberger, Vermont Legal Aid, Inc., Waterbury, for petitioner-appellant.

Jeffrey L. Amestoy, Atty. Gen., Montpelier, and Steven J. Kantor, Asst. Atty. Gen., Waterbury, for respondents-appellees.

Before ALLEN, C.J., and PECK, GIBSON, DOOLEY and MAHADY, JJ.

MAHADY, Justice.

This is an appeal from an order denying a petition for a writ of habeas corpus. The principal issue presented is whether an invalid warrant for an immediate examination under 18 V.S.A. § 7505 creates a jurisdictional defect as to subsequent involuntary treatment proceedings. We conclude that it does not and affirm the denial of the writ of habeas corpus.

The petitioner was taken into custody by the Brattleboro Police Department after...

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