State v. Russell
Cases that cite this one
3 later published cases cite this decision.
- Application of Downing (Idaho 1982)
- Carter v. State, Dept. of Health & Welfare (Idaho 1982)
- State Ex Rel. Collins v. Superior Court (Ariz. 1986)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Concurring Opinion
concurring in the result.
Because I believe that there is much in the Court’s opinion in this case and the related eases argued contemporaneously, Carter v. State, 103 Idaho 701, 652 P.2d 649 and Downing v. State, 103 Idaho 689, 652 P.2d 193, which is apparently in conflict with the Court’s recent opinion in True v. State, 103 Idaho 151, 645 P.2d 891, I am unable to join the Court’s opinion, being satisfied only that the result reached therein is correct. .......
Opinion of the Court
The appellant appeals his automatic commitment to State Hospital South pursuant to I.C. § 18-214. The only issue raised by this appeal is the constitutionality of the automatic commitment procedures of I.C. § 18-214, as measured against the due process and equal protection guarantees found in the fourteenth amendment to the United States Constitution, and Art.. 1, §§ 1, 13, and 18 of the Idaho Constitution. The appellant successfully asserted the defense of mental disease or defect in the proceedings below. In light of our decision in In re Downing, 103 Idaho 689, 652 P.2d 193 (1982), the order of commitment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.