Murel v. Baltimore City Criminal Court
Supreme Court of the United States
Murel et al. v. Baltimore City Criminal Court et al.
Certiorari to the United States Court of Appeals for the Fourth Circuit
No. 70-5276. Argued: March 28-29, 1972 --- Decided: June 19, 1972
In this habeas corpus challenge to the constitutionality of Maryland's Defective Delinquency Law made by petitioners, who were convicted of various state crimes and committed to Patuxent Institution for indeterminate periods, held that the writ of certiorari must be dismissed as improvidently granted, since one of the petitioners has been unconditionally released, and the others are subject to unexpired sentences barring their release even if their claims prevailed (cf. McNeil v. Director, Patuxent Institution, ante, p. 245; moreover, petitioners' challenge to one Defective Delinquency Law should be considered in relation to other state laws regarding civil commitment for compulsory psychiatric treatment, Baxstrom v. Herald, 383 U.S. 107, and those laws are now being substantially revised to afford greater safeguards to committed persons.
436 F. 2d 1153, certiorari dismissed as improvidently granted.
Karl G. Feissner and Andrew E. Greenwald argued the cause for petitioners. With them on the brief were William L. Kaplan and Thomas P. Smith.
Henry R. Lord, Deputy Attorney General of Maryland, argued the cause for respondents. With him on the brief were Francis B. Burch, Attorney General, and Edward F. Borgerding and Donald R. Stutman, Assistant Attorneys General.
Evelle J. Younger, Attorney General, Herbert L. Ashby, Chief Assistant Attorney General, William E. James, Assistant Attorney General, and Russell Iungerich and William R. Pounders, Deputy Attorneys General, filed a brief for the State of California as amicus curiae urging affirmance.
Briefs of amici curiae were filed by Alan F. Charles for the National Legal Program on Health Problems of the Poor, and by Curtis R. Reitz and Julian Tepper for the Prison Research Council of the University of Pennsylvania Law School.
PER CURIAM.