NAGEL v. STATE

S92A1195.

262 Ga. 888 (1993)

427 S.E.2d 490

NAGEL v. THE STATE.

Supreme Court of Georgia.

Decided March 16, 1993.


Attorney(s) appearing for the Case

Torin D. Togut, Lisa J. Krisher, Phyllis J. Holmen, for appellant.

Peter J. Skandalakis, District Attorney, Jeffery W. Hunt, Assistant District Attorney, for appellee.

Remar & Graettinger, Robert B. Remar, Susan C. Jamieson, Mary S. Rauh-Ference, Steven D. Caley, amici curiae.


HUNT, Presiding Justice.

David L. Nagel, who had been acquitted for murder by reason of insanity, applied for release from commitment. Following a hearing, the trial court denied the application for release. Nagel appeals, alleging due process violations based on the trial court's reliance on the presumption of continuing insanity. We remand to the trial court for findings of fact and conclusions of law consistent with this opinion.

In 1981, Nagel was indicted...

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