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· 10/26/1976

James John Makal v. State of Arizona and Harold G. Cardwell, Superintendent, Arizona State Prison

Citations

  • 544 F.2d 1030
  • 1976 U.S. App. LEXIS 6538

How courts have described this case

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

  • holding time spent in a state mental hospital was not intended as “punishment for the commission of a crime” and, thus, was not confinement and did not require credit
  • noting in course of denying defendant’s equal protection challenge “we cannot find that [defendant’s] stay at the hospital was a part of his punishment for the commission of a crime.”
  • “So long as the type of punishment is not based upon any proscribed federal grounds such as being cruel and unusual, racially or ethnically motivated, or enhanced by indigency, the penalties for violations of state statutes are matters of state concern.”
  • “So long as the type of punishment is not based upon any proscribed federal grounds such as being cruel and unusual, racially or 27 | ethnically motivated, or enhanced by indigency, the penalties for violations of state statutes are matters of state concern.”
  • “So long as the type of 5 punishment is not based upon any proscribed federal grounds such as being cruel and 6 unusual, racially or ethnically motivated, or enhanced by indigency, the penalties for 7 violations of state statutes are matters of state concern.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Chambers, Carter, Trask

Read full opinion on CourtListener

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.