United States Tenth Circuit

The due process rights of insanity acquittees is not violated by requiring them to prove their entitlement to release by a clear and convincing burden of proof.

Appellate Information

• Decided 11/16/2004
• Published 11/17/2004

Judges

• TYMKOVICH, Circuit Judge., Before O'BRIEN, HOLLOWAY, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Barry L. Derryberry, Federal Public Defender (Julia L. O'Connell, Assistant Federal Public Defender, with him on the briefs), Office of the Federal Public Defender, Tulsa, OK, for Defendant-Appellant., Kevin C. Danielson, Assistant United States Attorney (David E. O'Meilia, United States Attorney, with him on the brief), Office of the United States Attorney, Tulsa, OK, for Plaintiff-Appellee.