In Re Detention of Stewart Franklin Schuman

Summary

The court held that review of the district court's transitional-release order was proper by writ of certiorari rather than direct appeal because the district court retained continuing jurisdiction over Schuman. It further held that Schuman was statutorily ineligible for transitional release because his CCUSO treatment provider had not accepted his relapse prevention plan, and that the district court improperly substituted its judgment for CCUSO's treatment and placement decisions. The court rejected Schuman's substantive due process claims and vacated the district court's order.