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Sealed Appellant v. United States

IFP petition · United States Court of Appeals for the Fifth Circuit


Pending

Questions presented

After a defendant is found not guilty only by reason of insanity, the district court must conduct a hearing to determine whether he should be released or civilly committed. See 18 U.S.C. § 4243. Here, Petitioner was required to show “by clear and convincing evidence that his release would not create a substantial risk of bodily injury to another person or serious damage of property of another due to a present mental disease or defect.” § 4243(d).

  1. Does the statutory phrase “mental disease or defect” include non-psychotic mood disorders like depression or bipolar disorder?

  2. Does the party presentation principle apply to a civil commitment hearing under 18 U.S.C. § 4243?

Counsel of record

For petitioner
J. Matthew Wright
Federal Public Defender's Office

For respondent
—

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Linked docket
26M7

Proceedings

  1. Oct 05 2026
    Motion for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record Granted.
  2. Jul 15 2026
    DISTRIBUTED for Conference of 9/28/2026.
  3. Jun 22 2026
    Motion for leave to file a petition for a writ of certiorari under seal with redacted copies for the public record filed.
  4. Jun 22 2026
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 12, 2026)