WILLIAMS v. COM.

Record No. 1245-92-4.

444 S.E.2d 16 (1994)

Jeanette Elaine WILLIAMS v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

May 17, 1994.


Attorney(s) appearing for the Case

Peter W. Buchbauer, Winchester (Douglas M. Swift, Jr., Jennifer R. Santa Barbara, Swift & Buchbauer, P.C., on briefs), for appellant.

Paul H. Thomson, Com. Atty., Winchester, for City of Winchester, for appellee.

Present: BENTON, ELDER and FITZPATRICK, JJ.


BENTON, Judge.

In this case we decide whether the Commonwealth could have constitutionally required Jeanette Elaine Williams, an insanity acquittee in a criminal prosecution, to prove herself not insane and not dangerous as a condition to her release from a mental institution. Williams contends (1) that former Code § 19.2-181(3) is unconstitutional in light of the holding in Foucha v. Louisiana, ___ U.S. ___, 112 S.Ct. 1780, 118 L.Ed.2d 437 (1992...

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