Court of Appeals of North Carolina, 1973

In re the Confinement of Hayes

Court of Appeals of North Carolina · Decided June 27, 1973 · Brock, Moeeis, Paekee

197 S.E.2d 582; 18 N.C. App. 560; 1973 N.C. App. LEXIS 1937 (South Eastern Reporter, Second Series)

Cases that cite this one

6 later published cases cite this decision.

Jones v. Penny (District Court, M.D. North Carolina 1974)
Hall v. Piedmont Publishing Co. (N.C. Ct. App. 1980)
In re DBW (Okla. 1980)
In re Mental Health of D. B. W. (Okla. 1980)
In re Mikels (N.C. Ct. App. 1976)
In re Hayes (N.C. 1973)

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.

Opinion

BROCK, Judge.

In our opinion, the provisions of G.S. 122-59, G.S. 122-63, and G.S. 122-65 do not comport with constitutional requirements of procedural due process. Therefore, we hold that the said three statutes as written are unconstitutional on their face.

We are advertent to the fact that House Bill 1081, which repeals the three statutes set out above, and which extensively rewrites Chapter 122 of the General Statutes, was ratified 23 May 1973 as Chapter 726 of the 1973 Session Laws. By its terms the effective date of Chapter 726 is 1 September 1973.

While we are not in full agreement with the trial judge’s reasons for declaring the statutes unconstitutional, we nevertheless agree with his ultimate conclusion that they are unconstitutional.

Affirmed.

Judges MOEEIS and Paekee concur.

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