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STATE v. NIELSEN

No. 22887.

960 P.2d 177 (1998)

131 Idaho 494

In the Matter of the Application of Kermit Nielsen for a conditioanl release. STATE of Idaho, Plaintiff-Respondent, v. Kermit NIELSEN, Defendant-Appellant.

Supreme Court of Idaho, Boise, February 1998 Term.

June 18, 1998.

Attorney(s) appearing for the Case

Randall D. Schulthies, Bannock County Public Defender; John D. Ross, III, Deputy Public Defender, Pocatello, for appellant. John D. Ross, III, argued.

Alan G. Lance, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent. Kenneth K. Jorgensen argued.

WALTERS, Justice.

Kermit Nielsen has been committed to a mental institution since his acquittal by reason of insanity in 1972 for the murder of his girlfriend. In October 1994, Nielsen filed a petition for conditional release pursuant to I.C. § 66-337(d) alleging that he was no longer mentally ill and that he did not fit the criterion for civil commitment. After a hearing on the state's motion to dismiss the petition, the district court concluded that Nielsen...

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