Plaintiff, who was committed by the state after he pleaded no contest to several crimes of violence but contended he was insane at the time of the crimes, sought collateral review in the federal court of a state court order denying plaintiff’s petition for release on a finding that he posed an elevate risk of violence. Plaintiff argued in the federal court that the state law violates the due process clause because it allowed the state to keep someone in custody without a finding that the person had a mental disease or defect. The district court found this argument unpersuasive because the relevant statute allowed the court to consider the person’s mental history and present mental condition and issued a certificate of appealability. The Seventh Circuit affirmed, finding that the statute itself was not unconstitutional because the court was permitted to consider the detainee’s present mental condition and that defendant’s as-applied challenge had not been preserved for resolution in the federal court. (ST. EVE and KOLAR, concurring)
Federal 7th Circuit Court
Civil Court
Due Process