State v. Hudson

ANDERSON, Judge:

The State appeals from that portion of a Circuit Court order which authorizes unsupervised leave from the South Carolina State Hospital by Ui Sun Hudson where the judge found Hudson in need of “continued” hospitalization pursuant to S.C.Code Ann. § 17-24-40. We affirm in part and vacate in part.

FACTS/PROCEDURAL BACKGROUND

In a 1995 bench trial, a Circuit Court judge found Hudson not guilty by reason of insanity (NGRI) on four counts of assault and battery with intent to kill. The parties have stipulated to the following underlying facts:

At approximately 3:30 p.m. on April 1,…