State v. Bentley

The Alabama Department of Mental Health (“ADMH”) petitions this Court for a writ of mandamus directing the Mobile Circuit Court (“the trial court”) to vacate portions of its order denying ADMH’s Rule 25.8(f), Ala. R.Crim. P., motion to release Jeremy Bentley from commitment in an ADMH facility and transferring Bentley to an Alabama Department of Corrections (“ADOC”) facility.

The Court today denies ADMH’s petition for a writ of mandamus. For the reasons discussed below, I dissent.

I. Facts and Procedural History On April 16, 2012, the trial court denied ADMH’s motion to release Bentley from…