Abraham

Abraham v. Black

Good Law
United States District Court, Northern District of CaliforniaMay 5, 20203:19-cv-02858California7,608 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 3 ARTHUR ABRAHAM, Case No. 19-cv-02858-EMC

Petitioner,

ORDER DENYING PETITION FOR

v. WRIT OF HABEAS CORPUS

CINDY BLACK, Docket No. 1 Respondent.

9 10 I. INTRODUCTION Arthur Abraham filed this action for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 to challenge the state court’s denial of his petition for release from a state hospital to which he had been committed years ago as an insanity acquittee. Respondent has filed an answer to the petition, and Mr. Abraham has filed a traverse. For the reasons discussed below, the petition is denied. II. BACKGROUND A. California’s Not-Guilty-By-Reason-Of-Insanity Procedures Although this case is limited to an insanity acquittee’s effort to get out of a state hospital, it is helpful to understand the basics of California’s law for determining whether a person is not guilty by reason of insanity (NGI)…

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