Foote v. State

Missouri Court of Appeals

Foote v. State

650 S.W.2d 28, 1983 Mo. App. LEXIS 3899

CourtMissouri Court of Appeals

DecidedApril 5, 1983

DocketNo. 46236

StatusPublished

Cited by2 cases

This text of 650 S.W.2d 28 (Foote v. State) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Foote v. State, 650 S.W.2d 28, 1983 Mo. App. LEXIS 3899 (Mo. Ct. App. 1983).

Pincite

Opinion

CRIST, Judge.

Appeal from the denial of an application for release from a state mental hospital pursuant to § 552.040, RSMo. (Supp.1980). We affirm.

Movant was committed to Fulton State Hospital on September 22,1978, pursuant to court order. His commitment resulted from a finding he was not guilty of capital murder by reason of mental disease or defect.

At the hearing on the application, movant testified he no longer had a mental disease or defect. Movant had no other evidence. The State presented psychiatric evidence that movant was suffering from schizophrenia, required continued treatment and confinement, and posed a threat to society if released.

Movant asserts the judgment was against the weight of the evidence without explanation. He cites no authority. He says “[he] seeks to exhaust his state remedies by this appeal.”

Movant did not meet his burden of establishing his freedom from mental disease or defect. State v. Pertuisot, 547 S.W.2d 192, 193 (Mo.App.1977).

Judgment affirmed.

CRANDALL, P.J., and REINHARD, J., concur.

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