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APPLICATION OF NIELSEN

No. 21471.

902 P.2d 474 (1995)

127 Idaho 449

In the Matter of the Application of Kermit NIELSEN, For a Writ of Habeas Corpus. Kermit NIELSEN, Petitioner-Appellant, v. STATE of Idaho, Respondent.

Supreme Court of Idaho, Idaho Falls, May 1995 Term.

Rehearing Denied October 5, 1995.

Attorney(s) appearing for the Case

David N. Parmenter, Blackfoot, for appellant.

Hon. Alan Lance, Attorney General; Lynn E. Thomas, Solicitor General, Boise, for respondent. Lynn E. Thomas, argued.

TROUT, Justice.

The petitioner, Kermit Nielsen, is an insanity acquittee who seeks release from commitment on the ground that he is not mentally ill.

I.

BACKGROUND

The facts giving rise to this appeal are similar to those in Gafford v. State, 127 Idaho 472, 903 P.2d 61 (1995), and Henry v. State, 127 Idaho 349,

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