No. 18-8471

Arthur Abraham v. California

Lower Court: California
Docketed: 2019-03-19
Status: Denied
Type: IFP
Response WaivedIFP
Tags: burden-of-proof confinement due-process insanity-acquittee mental-health personality-disorder personality-traits release state-confinement
Key Terms:
DueProcess
Latest Conference: 2019-04-12
Question Presented (from Petition)

The first question presented is whether the Due Process Clause permits the State to continue to confine an insanity acquittee after he has recovered his sanity, as long as he has undesirable personality "traits."

The second question is whether the Due Process Clause permits the State to place the burden of proof an the insanity acquittee who is no longer insane to prove he is entitled to release.

Question Presented (AI Summary)

Whether the Due Process Clause permits the State to continue to confine an insanity acquittee after he has recovered his sanity, as long as he has undesirable personality 'traits'

Docket Entries

2019-04-15
Petition DENIED.
2019-03-28
DISTRIBUTED for Conference of 4/12/2019.
2019-03-21
Waiver of right of respondent State of California to respond filed.
2019-03-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 18, 2019)

Attorneys

Arthur Abraham
Walter K. Pyle — Petitioner
State of California
Donna Marie ProvenzanoOffice of the California Attorney General, Respondent