No. 21-7452

Anthony Atkinson v. New York, et al.

Lower Court: Second Circuit
Docketed: 2022-03-24
Status: Denied
Type: IFP
IFP
Tags: civil-confinement criminal-intent criminal-responsibility mental-abnormality mental-hygiene-law psychiatric-evaluation volitional-impairment
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2022-05-26
Question Presented (AI Summary)

whether-the-state-of-new-york-should-be-required-to-produce-sufficient-medical-proof

Question Presented (OCR Extract)

QUESTION(S) PRESENTED 1. Whether the state of New York, Attorney General along with psychiatric examiners should be required to produce sufficient medical proof to support their volitional impairment under Mental Hygiene Law 10.03(i). 2. Whethec the state and psychiatric examiners neglect to provide sufficient medical evidence of a volitional impairment in support of theic diagnosis of a mental condition under the statute. 3. Whether the Act's purpose is retributive because it does affix culpability for prior criminal conduct such as intent, the highest mental state. 4. Whether a finding of mental abnormality undec the Act reduces the same criminal intent to reckless disregard for committing the sex act. 5. Whether a finding of mental abnormality under Mental Hygiene Law 10.03(i) suggest that at the time sex offense was committed the Petitioner would have lacked the criminal responsibility as a result of a mental disease or defect, Penal Law 40.15. Thus warranting a.Criminal Procedure Law Section 730 evaluation prior to the criminal trial or plea. 6. Whether Family court Judge in civil confinement proceedings has legal jurisdiction to cule on Petitioner's Criminal Procedure law Section 440.10 Motion to criminal case. ; : 7. Whether Petitioner may sue for mental hacm after being held four (4) months past his penal term in the prison system without being physically injured. ; Bn :

Docket Entries

2022-08-22
Rehearing DENIED.
2022-07-28
DISTRIBUTED.
2022-06-09
Petition for Rehearing filed.
2022-05-31
Petition DENIED.
2022-05-11
DISTRIBUTED for Conference of 5/26/2022.
2022-03-21
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 25, 2022)

Attorneys

Anthony Atkinson
Anthony Atkinson — Petitioner