State v. Hudson, No. 3015.

CourtSouth Carolina Court of Appeals
Writing for the CourtANDERSON.
Citation519 S.E.2d 577,336 S.C. 237
Decision Date21 June 1999
Docket NumberNo. 3015.
PartiesThe STATE, Appellant, v. Ui Sun HUDSON, Respondent.

336 S.C. 237
519 S.E.2d 577

The STATE, Appellant,
v.
Ui Sun HUDSON, Respondent

No. 3015.

Court of Appeals of South Carolina.

Heard June 8, 1999.

Decided June 21, 1999.

Rehearing Denied August 28, 1999.


336 S.C. 240
Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, and Assistant Deputy Attorney General Salley W. Elliott, all of Columbia; and Solicitor David Price Schwacke, of North Charleston, for appellant

John D. Elliott; and Assistant Appellate Defender Robert M. Pachak, of South Carolina Office of Appellate Defense, both of Columbia; and D. Ashley Pennington, of Charleston, for respondent.

Amicus Curiae: Lesly Ann Bowers, of Protection & Advocacy for People with Disabilities, Inc., of Columbia.

ANDERSON, Judge:

The State appeals from that portion of a Circuit Court order which authorizes unsupervised leave from the South Carolina State Hospital by Ui Sun Hudson where the judge found Hudson in need of "continued" hospitalization pursuant to S.C.Code Ann. § 17-24-40. We affirm in part and vacate in part.

FACTS/PROCEDURAL BACKGROUND

In a 1995 bench trial, a Circuit Court judge found Hudson not guilty by reason of insanity (NGRI) on four counts of assault and battery with intent to kill. The parties have stipulated to the following underlying facts:

At approximately 3:30 p.m. on April 1, 1995 in Northwoods Mall, ... Charleston County, Linda Derbyshire was walking her two (2) children in a double stroller near the Easter Bunny display in the center of the Mall. Her sixteen (16) month old baby girl, Nikki was asleep in the back seat and her three (3) year old son Dane was riding in the front.
336 S.C. 241
As she passed by [Hudson], Mrs. Derbyshire noticed [Hudson] staring fiercely at her son, Dane. Suddenly, [Hudson] lunged at Dane with a pair of scissors in her hand. [Hudson] attempted to stab Dane in his eyes and face and was able to inflict a serious wound to Dane's left cheek before Mrs. Derbyshire could stop [Hudson]. And although Mrs. Derbyshire was able to position herself between [Hudson] and her children, [Hudson] overpowered and reached around Mrs. Derbyshire and stabbed Nikki in the left eye. Doctors at the Medical University of South Carolina were able to save Nikki's left eye; but she will never be able to see out of it, and there is only a fifty (50%) percent chance she will be able to keep it. Mrs. Derbyshire received severe lacerations to her arm during the assault.
Andrew Imholt and his 7 year old son, Isaac, were passing by at the time of the attack. At first, Mr. Imholt thought the two women were fighting about disciplining the children, but when Mr. Imholt saw [Hudson] stab Nikki in the eye, he grabbed [Hudson] and attempted to pull her back. [Hudson] spun away from Mr. Imholt's grasp and went after his son. Mr. Imholt saw [Hudson] grab his son Isaac by the shoulder and attempt to stab Isaac in the eye, but Mr. Imholt deflected [Hudson's] blow and Isaac turned his head in time to receive only a cut to his right cheek. Mr. Imholt, who was also cut on his hand during the assault, was again able to grab [Hudson] from behind, and John Hurt was able to pry the scissors from her hand. Mr. Hurt, Mr. Imholt, and others were able to subdue [Hudson] until Mall security and the police arrived.

The trial judge ordered Hudson committed to the State Hospital for a mental evaluation. The court's order mandated the evaluation be completed within one hundred twenty days so the Chief Administrative Judge could hold a hearing to determine whether Hudson required hospitalization. The mental health authorities charged with completing the evaluation and reporting its results to the court failed to timely comply.

While committed to the state hospital for her mental evaluation, Hudson participated in the Allan Project, an NGRI treatment program operated by the Department of Mental Health. The program allows an NGRI defendant to progress

336 S.C. 242
through a series of seven levels, each affording the defendant an increasing degree of independence while decreasing the level of supervision. A defendant who reaches level seven is deemed ready for discharge

On April 25, 1997, the court held a hearing to review Hudson's status. At the time of the hearing, Hudson, a diagnosed paranoid schizophrenic, had achieved a level four status and could travel unsupervised on public transportation to and from a state-sponsored work site. She also could request passes to spend unsupervised periods of time in the community while accompanied by another NGRI defendant or "buddy." Hudson was allowed to take money she earned with her during her unsupervised excursions from the hospital.

Following the hearing, the Chief Administrative Judge issued an order finding Hudson "in need of further hospitalization." The judge ruled the South Carolina State Hospital violated S.C.Code Ann. § 17-24-40 (1985) by allowing unsupervised leave by Hudson without prior notice to and approval from the Chief Administrative Judge. He concluded, however, that Hudson's participation in the Allan Project proved beneficial. The court held the state hospital could continue to release Hudson unsupervised into the community in accordance with her level four status. The judge further ordered that, prior to Hudson's advance to level five and the concomitant privileges, the state hospital must follow the statutory procedures and obtain approval from the Chief Administrative Judge. Finally, the judge instructed the state hospital to review the privileges granted to an NGRI defendant at level four "as prior court approval is required before patients are released into the community unsupervised."

The state's Attorney General, Charles M. Condon, brought a declaratory and injunctive action to prohibit the Department of Mental Health's release of NGRI defendants through "buddy" passes, work passes, and community living...

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25 practice notes
  • Thompson ex rel. Harvey v. Cisson Const., No. 4339.
    • United States
    • Court of Appeals of South Carolina
    • February 1, 2008
    ...331 S.C. 19, 26, 501 S.E.2d 725, 729 (1998); State v. Morgan, 352 S.C. 359, 365-66, 574 S.E.2d 203, 206 (Ct.App.2002); State v. Hudson, 336 S.C. 237, 246, 519 S.E.2d 577, 581 (Ct.App.1999). "Once the legislature has made [a] choice, there is no room for the courts to impose a different judg......
  • Coastal Conservation v. Dept. of Health, No. 4450.
    • United States
    • Court of Appeals of South Carolina
    • October 23, 2008
    ...Bass, 365 S.C. at 469, 617 S.E.2d at 377; State v. Morgan, 352 S.C. 359, 365-66, 574 S.E.2d 203, 206 (Ct.App.2002); State v. Hudson, 336 S.C. 237, 246, 519 S.E.2d 577, 581 (Ct.App. The first inquiry in deciphering the legislature's intent should begin by determining whether the statute's me......
  • Bass v. Isochem, No. 3996.
    • United States
    • United States State Supreme Court of South Carolina
    • June 6, 2005
    ...of Greenville County, 331 S.C. 19, 501 S.E.2d 725 (1998); State v. Morgan, 352 S.C. 359, 574 S.E.2d 203 (Ct.App.2002); State v. Hudson, 336 S.C. 237, 519 S.E.2d 577 The legislature's intent should be ascertained primarily from the plain language of the statute. State v. Landis, 362 S.C. 97,......
  • State v. Brannon, No. 4428.
    • United States
    • Court of Appeals of South Carolina
    • July 18, 2008
    ...331 S.C. 19, 26, 501 S.E.2d 725, 729 (1998); State v. Morgan, 352 S.C. 359, 365-66, 574 S.E.2d 203, 206 (Ct.App.2002); State v. Hudson, 336 S.C. 237, 246, 519 S.E.2d 577, 581 (Ct.App. 1999). "Once the legislature has made [a] choice, there is no room for the courts to impose a different jud......
  • Request a trial to view additional results
26 cases
  • Thompson ex rel. Harvey v. Cisson Const., No. 4339.
    • United States
    • Court of Appeals of South Carolina
    • February 1, 2008
    ...331 S.C. 19, 26, 501 S.E.2d 725, 729 (1998); State v. Morgan, 352 S.C. 359, 365-66, 574 S.E.2d 203, 206 (Ct.App.2002); State v. Hudson, 336 S.C. 237, 246, 519 S.E.2d 577, 581 (Ct.App.1999). "Once the legislature has made [a] choice, there is no room for the courts to impose a different judg......
  • Coastal Conservation v. Dept. of Health, No. 4450.
    • United States
    • Court of Appeals of South Carolina
    • October 23, 2008
    ...Bass, 365 S.C. at 469, 617 S.E.2d at 377; State v. Morgan, 352 S.C. 359, 365-66, 574 S.E.2d 203, 206 (Ct.App.2002); State v. Hudson, 336 S.C. 237, 246, 519 S.E.2d 577, 581 (Ct.App. The first inquiry in deciphering the legislature's intent should begin by determining whether the statute's me......
  • Bass v. Isochem, No. 3996.
    • United States
    • United States State Supreme Court of South Carolina
    • June 6, 2005
    ...of Greenville County, 331 S.C. 19, 501 S.E.2d 725 (1998); State v. Morgan, 352 S.C. 359, 574 S.E.2d 203 (Ct.App.2002); State v. Hudson, 336 S.C. 237, 519 S.E.2d 577 The legislature's intent should be ascertained primarily from the plain language of the statute. State v. Landis, 362 S.C. 97,......
  • State v. Brannon, No. 4428.
    • United States
    • Court of Appeals of South Carolina
    • July 18, 2008
    ...331 S.C. 19, 26, 501 S.E.2d 725, 729 (1998); State v. Morgan, 352 S.C. 359, 365-66, 574 S.E.2d 203, 206 (Ct.App.2002); State v. Hudson, 336 S.C. 237, 246, 519 S.E.2d 577, 581 (Ct.App. 1999). "Once the legislature has made [a] choice, there is no room for the courts to impose a different jud......
  • Request a trial to view additional results

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