State v. Tooley

PRICE, Judge.

Timothy Tooley was found not guilty by reason of insanity of the crime of sodomy in 1984. This case arises out of his request for an unconditional discharge from his commitment to a state mental institution. On May 26, 1993, the trial court denied Tooley’s request, finding that he was suffering from a mental disease or defect and that he did not meet his burden to entitle himself to a release pursuant to § 552.040.6(6), RSMo Supp. 1992.

Tooley appeals this decision, citing Foucha v. Louisiana, — U.S.-, 112 S.Ct. 1780, 118 L.Ed.2d 437 (1992). He argues that § 552.040.6(6) violates…