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Hogan v. Nagel

Defendant who was committed to a mental facility after he was acquitted of murder by reason of insanity was not required to exhaust his remedies under O.C.G.A. § 17-7-131 f before he could seek habeas relief.

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We granted the application for interlocutory review in this habeas action to consider whether a person involuntarily committed to a mental health facility following an acquittal by reason of insanity must first exhaust remedies under the criminal procedure code before seeking habeas relief. Because the mental health code specifically permits an involuntary detainee to seek habeas relief “at any time,” we conclude that exhaustion of remedies is not required and affirm the habeas court.

In 1981 David Nagel was acquitted of murder based on an insanity plea. A person found not guilty by reason of insanity must undergo a thirty-day evaluation of his current mental health condition. Only if the trial court concludes that the defendant meets the civil commitment criteria set forth in Chapter 3 of Title 37 may the trial court order the defendant remanded to the custody of a mental health facility. Following Nagel’s acquittal, the trial court concluded that Nagel met the standard for civil commitment and Nagel has been in a Georgia mental health facility since 1981. In 1991, Nagel sought release under OCGA § 17-7-131 f.1 Following the conclusion of those proceedings and federal habeas proceedings,2 he instituted this habeas action in 1999. The appellants moved to dismiss the petition, contending that Nagel was first required to file another petition under OCGA § 17-7-131 f.

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