Alabama Department of Mental Health & Mental Retardation ex rel. McClothan v. State

The Alabama Department of Mental Health and Mental Retardation (the “Department”) appeals the trial court’s ruling denying its request to release Tyrone McClothan from its custody. See Rule 25.8, Ala.R.Crim.P. In 1993, McClothan was charged with arson in the first degree and was found not guilty by reason of mental disease or defect. He was remanded to the custody of the Department. In 1999, the Department filed a motion, seeking to have McClothan released from its custody. After a hearing, the trial court denied the Department’s motion and ordered that McClothan remain in the Department’s…