Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

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.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

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.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2025
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Legalweek Leaders in Tech Law Awards 2025
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More
Go to Events Go to Webcasts
Legal Counsel

Title: Legal Counsel Reports to: Chief Executive Officer (CEO) FLSA Status: Exempt, Full Time Supervisory Responsibility: N/A Location: Remo...


Apply Now ›
Associate Position

Blume Forte Fried Zerres and Molinari 1 Main Street Chatham, NJ 07945Prominent Morris County Law Firm with a state-wide personal injury prac...


Apply Now ›
ASSOCIATE ATTORNEY DEFENSE LITIGATION

d Arcambal Ousley & Cuyler Burk, LLP, a well-established women-owned litigation firm, has an opening in our Parsippany, NJ office. We of...


Apply Now ›
Go to Lawjobs