State v. McClain

On October 5, 2001, Anthony Jerell McClain was indicted for second-degree domestic violence based on his second-degree assault of his wife, a violation of §§ 13A-6-21 and 13A-6-131(a), Ala. Code 1975. On March 29, 2004, McClain filed a motion to dismiss the indictment against him. On May 26, 2004, the trial court conducted a hearing on the motion to dismiss. At the conclusion of the hearing, the trial court granted the motion and dismissed the indictment against McClain.

Since his release on bond in 2002, McClain had been undergoing court-ordered psychiatric evaluation, which revealed that…