Nagel v. State

Hunt, Presiding Justice.

David L. Nagel, who had been acquitted for murder by reason of insanity, applied for release from commitment. Following a hearing, the trial court denied the application for release. Nagel appeals, alleging due process violations based on the trial court’s reliance on the presumption of continuing insanity. We remand to the trial court for findings of fact and conclusions of law consistent with this opinion.

In 1981, Nagel was indicted and tried for the murders of his grandparents, Frank Emmett Marshall, Sr. and Mattie Louise Marshall. The jury returned a verdict of not…