Wednesday, July 05, 2006

§ 4243 commitment orders after acquittal by reason of insanity appealable

The Third Circuit, in United States v. Stewart, No. 05-2732 (3d Cir. July 3, 2006), joined a few sister circuits in holding that a commitment order rendered under 18 U.S.C. § 4243 after a defendant's acquittal by reason of insanity was appealable. The Court further noted that it would review such claims for clear error. Finally, the Court affirmed the district court's denial of release to Mr. Stewart because testimony at his commitment hearing revealed that he required supervision and Stewart could not guarantee that he would receive the appropriate supervision upon his release.

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