State v. Gratts

VICTOR C. HOWARD, Judge.

The Department of Mental Health (the Department), by and through the State of Missouri, appeals from the circuit court’s judgment granting Anthony Gratts an unconditional release pursuant to section 552.040 RSMo 2000. 1 The Department brings two points on appeal, each alleging that Gratts did not prove by clear and convincing evidence the statutory mandates for receiving an unconditional release.

As explained below, because the circuit court misapplied the law, we reverse the judgment and remand for the circuit court’s consideration of the facts under the proper…