Herbert Lawrence Polinard, Jr. v. Jo Ann Karambis, Margaret Comparin Karambis, Ronaldo Dunagan, Lynda C. Spence, and eXp Realty LLC

How courts have described this case

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

• holding petitioner for time greater than the statutory sixty-day period for evaluating sexual dangerousness amounted to due process violation requiring dismissal
• statutory deadlines for civil commitment of those suspected of being sexually dangerous are mandatory to protect defendant’s liberty
• after a finding of probable cause that a defendant is a sexually dangerous person, the statute mandates commitment; thus, a judge has no discretion to order release
• where statute provides that defendant’s “evaluation period shall not exceed sixty days, and sets forth no exceptions,” defendant’s liberty interests are violated when “confinement falls outside the sixty-day limitation imposed by the statute”
• dismissal warranted where reports filed eighty-four days after deadline
• clarifying Kennedy and declaring a mandatory dismissal

Source: CourtListener parenthetical corpus (CC0).