FRANKLIN v. BERGER

(6118)

15 Conn. App. 74 (1988)

JOHN FRANKLIN v. ROBERT BERGER ET AL.

Appellate Court of Connecticut.

Decision released June 28, 1988.


Attorney(s) appearing for the Case

Allison Rutland Soulen, law student intern, with whom were Mary A. McCarthy and, on the brief, Miriam Berkman, for the appellant (petitioner).

Carl J. Schuman, assistant attorney general, with whom, on the brief, were Joseph I. Lieberman, attorney general, William J. McCullough, assistant attorney general, and Elizabeth A. Staugaard, law student intern, for the appellee (respondent).

DALY, NORCOTT and FOTI, JS.


NORCOTT, J.

The petitioner appeals from the denial of his petition for a writ of habeas corpus. The sole issue in this appeal is whether the court erred in concluding that the state had not violated the equal protection clauses of both the state and federal constitutions by declining to credit against the length of an insanity acquittee's commitment to a mental hospital the time spent in confinement prior to trial. We find error.

The facts of this case are...

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