Coy Ray Phelps v. United States

The petitioner-appellant in this case, Coy Ray Phelps, was charged with making, possessing, and planting pipe-bombs that were recovered in various San Francisco locations. In July 1986, a jury found Phelps not guilty only by reason of insanity on all counts. Pursuant to the procedures set out in 18 U.S.C. §§ 4243 and 4247 (Supp. Ill 1985), a commitment hearing was held before the district judge. The judge found that Phelps was suffering from a severe mental disease and that there was clear and convincing evidence that Phelps’ release “would create a substantial risk of bodily injury to persons and serious damage of property of others” due to that disease. He ordered Phelps committed under 18 U.S.C. § 4243 (e).

Phelps subsequently petitioned for a writ of habeas corpus on the ground that 18 U.S.C. §§ 4243 and 4247 are unconstitutionally vague and overbroad. 18 U.S.C. § 4243 (e) provides that a person found not guilty only by reason of insanity shall be committed if the court fails to find “that the person’s release would not create a substantial risk of bodily injury to another person or serious damage of property of another due to a present mental disease or defect.” This…