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Mills v. State

Citations

  • 256 A.2d 752
  • 1969 Del. LEXIS 297

How courts have described this case

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

  • “[W]e hold that the appellant was entitled to a jury trial, in accordance with the above guidelines, upon his application for release under s 4702(c).”
  • “A writ of habeas corpus is not available to the appellant because, as we have held, his commitment under s 4702(a) was valid; and because the statutory remedy provided by s 4702(c
  • “Because we find no rational justification for withholding from a s 4702 patient the safeguard of jury trial of the issue of present mental illness, we construe s 4702(c) to require jury trial of that issue.” (emphasis supplied)
  • “If this appears to be a strained construction of s 4702(c
  • “In the absence of a reasonable basis for distinction, we hold that it is a denial of equal protection of the laws to deprive a s 4702 patient of the substantial safeguards provided by s 5126 for a s 5125 patient as to release from the Hospital.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Carey, Herrmann, Wolcott

Read full opinion on CourtListener

Cited by

36 cases in this archive cite this case; the 20 most cited are listed.

Cites

18 cases in this archive are cited by this case.

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