In Re the Confinement of Hayes

Court of Appeals of North Carolina

In Re the Confinement of Hayes

197 S.E.2d 582, 18 N.C. App. 560, 1973 N.C. App. LEXIS 1937

CourtCourt of Appeals of North Carolina

DecidedJune 27, 1973

Docket7314SC149

StatusPublished

Cited by7 cases

This text of 197 S.E.2d 582 (In Re the Confinement of Hayes) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In Re the Confinement of Hayes, 197 S.E.2d 582, 18 N.C. App. 560, 1973 N.C. App. LEXIS 1937 (N.C. Ct. App. 1973).

Pincite

Opinion

BROCK, Judge.

In our opinion, the provisions of G.S. 122-59, G.S. 122-63, and G.S. 122-65 do not comport with constitutional requirements of procedural due process. Therefore, we hold that the said three statutes as written are unconstitutional on their face.

We are advertent to the fact that House Bill 1081, which repeals the three statutes set out above, and which extensively rewrites Chapter 122 of the General Statutes, was ratified 23 May 1973 as Chapter 726 of the 1973 Session Laws. By its terms the effective date of Chapter 726 is 1 September 1973.

While we are not in full agreement with the trial judge’s reasons for declaring the statutes unconstitutional, we nevertheless agree with his ultimate conclusion that they are unconstitutional.

Affirmed.

Judges MOEEIS and Paekee concur.

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