HOGAN v. NAGEL

No. S00A1537.

543 S.E.2d 705 (2001)

273 Ga. 577

HOGAN et al. v. NAGEL.

Supreme Court of Georgia.

Reconsideration Denied April 5, 2001.


Attorney(s) appearing for the Case

Thurbert E. Baker, Attorney General, William C. Joy, Senior Assistant Attorney General, Robert G. Nardone, Avondale Estate, for appellants.

Torin D. Togut, Debra Blum, James C. Bonner, Jr., Atlanta, for appellee.


FLETCHER, Presiding Justice.

We granted the application for interlocutory review in this habeas action to consider whether a person involuntarily committed to a mental health facility following an acquittal by reason of insanity must first exhaust remedies under the criminal procedure code before seeking habeas relief. Because the mental health code specifically permits an involuntary detainee to seek habeas relief "at any time," we conclude that exhaustion of remedies...

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