Legal Opinion
State v. Dudley
Missouri Court of Appeals
Decided July 5, 1995No. WD 49659PublishedCited by 9 opinions
1Opinion of the Court
James Dudley, Jr.,
appeals the order of the Circuit Court of Jackson County denying his section 552.040, RSMo 1986, petition for unconditional release from the custody of the Department of Mental Health.
I. ISSUE PRESENTED FOR REVIEW
Section 552.040 states that unconditional release will be ordered only if the patient proves that he “does not have, and in the reasonable future is not likely to have, a mental disease or defect rendering him dangerous to the safety of himself or others.”
The statute also sets forth six non-exclusive factors for the trial court to consider in determining whether or…
2Cases cited12 opinions
- Murphy v. CarronSupreme Court of Missouri · 1976
- Foucha v. LouisianaSupreme Court of the United States · 1992
- Hill v. StateDistrict Court of Appeal of Florida · 1978
- State v. TooleySupreme Court of Missouri · 1994
- People v. WilliamsCalifornia Court of Appeal · 1988
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State v. RevelsSupreme Court of Missouri · 2000
- State v. MillerHawaii Supreme Court · 1997
- Grass v. StateMissouri Court of Appeals · 2007
- State v. WeeklyMissouri Court of Appeals · 2003
- Jensen v. StateMissouri Court of Appeals · 1996
4 more not listed; retrieve them via the Exa API.