[Download] "In re Noel" by Supreme Court of Kansas " eBook PDF Kindle ePub Free
eBook details
- Title: In re Noel
- Author : Supreme Court of Kansas
- Release Date : January 27, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
The opinion of the court was delivered by Carroll E. Noel, Jr., was charged with murder in the first degree for the 1973 slaying of a United States Postmaster in Wyandotte County, Kansas. In 1974 a jury returned its verdict determining Noel was not guilty because of insanity and he was duly committed to the State Security Hospital at Larned, Kansas, pursuant to K.S.A. 22-3428. Subsequently, but pursuant to the same statute, Noel was transferred to the Larned State Hospital. In February, 1979, Noel filed an application pursuant to K.S.A. 1978 Supp. 22-3428a for hearing to determine whether or not he continued to be dangerous to himself or others. The district court found Noel does not pose a danger to himself or others as long as he is on the prescribed medication, and ordered his discharge from the Larned State Hospital. As a condition of the discharge Noel was ordered transferred to the Osawatomie State Hospital for a period of not to exceed ninety days, during which time the Osawatomie facility was to prepare and implement an appropriate program for Noel's reentry to society (the specific order will be set forth elsewhere in this opinion). The State appeals from this order upon a question reserved, pursuant to K.S.A. 1978 Supp. 22-3602(b)(3). Execution of the order has been stayed pending determination of this appeal. The issues raised on appeal are complex, broad, and of great importance to the people of Kansas. At issue is the determination of the proper role of courts in deciding whether insanity acquittees [226 Kan. 538]