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Harvey v. State

Citations

  • 441 A.2d 1094
  • 51 Md. App. 113
  • 1982 Md. App. LEXIS 246

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that release of an individual from commitment to the Department of Health and Mental Hygiene is an improper sanction for a violation of the mandatory time limitations in provisions governing orders of commitment
  • court refused to discharge defendant from custody for agency's failure to hold timely post-verdict hearing to evaluate defendant found not guilty by reason of insanity where statute provided no sanction
  • court refused to discharge defendant from custody for agency’s failure to hold timely post-verdict hearing to evaluate defendant found not guilty by reason of insanity where statute provided no sanction
  • to overcome “mandatory” presumption look to purpose and absence of penalty provision
  • release of defendant not proper sanction for failure to follow mandatory time requirements of former Art. 59, §§ 27 and 27A, regarding completion of a mental evaluation after defendant is found not guilty by reason of insanity
  • release of defendant not proper sanction for failure to follow mandatory time requirements of former Art. 59, §§ 27 and 27A, regarding completion of a mental evaluation after defendant is found not guilty by reason of insanity

Source: CourtListener parenthetical corpus (CC0).

Judges: Thompson, Moore, MacDaniel

Read full opinion on CourtListener

Cited by

11 cases in this archive cite this case.

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.