Lopez v. Evans

Petitioner was convicted of murder and eventually released on lifetime parole supervision. Petitioner was subsequently charged with misdemeanor assault. Petitioner was found to be unfit to stand trial and was committed to the custody of the Office of Mental Health. While committed, Petitioner was charged with assault and harassment stemming from his attack on a fellow patient. The charges were eventually dismissed. Meanwhile, the New York State Department of Corrections and Community Supervision commenced parole revocation proceedings against Petitioner on the incident based on the patient attack. An administrative law judge (ALJ) recommended parole revocation. The Division of Parole adopted the ALJ’s recommendation, and Petitioner was incarcerated. While incarcerated, Petitioner commenced this N.Y. C.P.L.R. 78 contending that due process prohibits the Division from proceeding with a revocation hearing against a person who has been deemed mentally unfit to proceed to trial. Supreme Court denied the petition, determining that an assertion of incompetency does not bar parole revocation proceedings. The Appellate Division reversed. The Court of Appeals affirmed, holding that when a parolee lacks mental competency to stand trial, it is a violation of his or her due process rights to conduct a parole revocation hearing. View "Lopez v. Evans" on Justia Law