Dubose v. State, s. 56192
| Decision Date | 07 November 1978 |
| Docket Number | Nos. 56192,56193,s. 56192 |
| Parties | DUBOSE v. The STATE. DEPARTMENT OF HUMAN RESOURCES v. STATE of Georgia. |
| Court | Georgia Court of Appeals |
Robert M. Coker, Atlanta, for appellant in No. 56192 and appellee in No. 56193.
Lewis R. Slaton, Dist. Atty., Joseph J. Drolet, Asst. Dist. Atty., Arthur K. Bolton, Atty. Gen., Carol Atha Cosgrove, Asst. Atty. Gen., for appellee in No. 56192 and appellant in No. 56193.
Robert S. Stubbs, II, Executive Asst. Atty. Gen., Don A. Langham, First Asst Atty. Gen., Michael J. Bowers, Senior Asst. Atty. Gen., for appellant in No. 56193.
Russell J. Parker, Asst. Dist. Atty., for appellee in both cases.
The appellant Dubose was found not guilty of auto theft by reason of insanity and was committed to the Georgia Regional Hospital in Atlanta as selected by the appellant Department of Human Resources. After more than thirty days of hospitalization an application on his behalf for his release was filed by the hospital authority. A hearing was held and release was denied. The appellants Dubose and the Department of Human Resources filed separate appeals from the order denying release. Held:
Code Ann. § 27-1503 provides that an application for release of an individual committed to a state hospital after acquittal of a criminal charge by reason of insanity may be made on the ground that he does not meet civil commitment criteria under Code Ann. § 88-507.1. The latter states that a person may be hospitalized ". . . if he is mentally ill, and he is (a) likely to injure himself or others if not hospitalized or (b) incapable of caring for his physical health and safety." The evidence at the hearing consisted of the testimony of two psychiatrists on the staff at the Georgia Regional Hospital and other documentary evidence. Both psychiatrists testified that in their opinion that while appellant was still mentally ill, as he would require further treatment on an out-patient basis in the event of release, he was not likely to injure himself or others if not hospitalized and was not incapable of caring for his physical health and safety. It was also shown that appellant has been admitted to this hospital on six occasions; that he has been convicted of motor vehicle theft on one occasion in 1973 but acquitted of this same crime by reason of insanity on two separate occasions, one in 1975 and the most recent...
To continue reading
Request your trial
-
Benham v. Edwards, Civ. A. No. C80-78R.
... ... State of Georgia following their acquittal of criminal charges by reason of insanity. They challenge the ... 611, 251 S.E.2d 832 (1979); Pitts v. State, 151 Ga.App. 691, 261 S.E.2d 435 (1979); Dubose v. State, 148 Ga.App. 9, 251 S.E.2d 15 (1978) ... Following a finding of not ... ...
-
Benham v. Edwards
... ... The defendants will be referred to as the "State" or as "Georgia." The procedures are challenged as violating both the Due Process Clause and the ... 691, 261 S.E.2d 435 (1979); Pennewell v. State, 148 Ga.App. 611, 251 S.E.2d 832 (1979); Dubose v. State, 148 Ga.App. 9, 251 S.E.2d 15 (1978). The statutory scheme, as construed by the Georgia ... ...
-
Roberts v. Grigsby
... ... by reason of insanity at the time of the assaults and was involuntarily committed at Central State Hospital in Milledgeville, Georgia, from January 17, 1980, until September 12, 1980, when he was ... OCGA § 17-7-131; see Clark v. State, 245 Ga. 629, 266 S.E.2d 466 (1980); Dubose v. State, 148 Ga.App. 9, 251 S.E.2d 15 (1978). In deciding whether an involuntarily committed ... ...
-
Jacobs v. Taylor, s. 77416-77421
... ... being directly applicable to the remaining doctors, one a clinical director at Central State Hospital and the other the superintendent at Georgia Regional Hospital, we necessarily address ... See Clark v. State, 245 Ga. 629, 630, 266 S.E.2d 466 (1980); Dubose v. State, 148 Ga.App. 9, 251 S.E.2d 15 (1978); Roberts v. Grigsby, 177 Ga.App. 377, 382, 339 ... ...