Styles v. State, WD
| Decision Date | 07 July 1992 |
| Docket Number | No. WD,WD |
| Citation | 838 S.W.2d 10 |
| Parties | Lodiller STYLES, Appellant, v. STATE of Missouri, Respondent. 45362. |
| Court | Missouri Court of Appeals |
Sue Crane-Holiman, Asst. Public Defender, Fulton, for appellant.
William L. Webster, Atty. Gen., Denise L. Garnier, Asst. Atty. Gen., Jefferson City, for respondent.
Before SPINDEN, P.J., and TURNAGE and BRECKENRIDGE, JJ.
Lodiller Styles filed an application for conditional release from the Department of Mental Health. After a hearing the court denied the application. Reversed and remanded.
Styles filed an application for conditional release alleging that he did not then and in the reasonable future is not likely to have a mental disease or defect rendering him dangerous to the safety of himself or to others. Styles also alleged that he had been found not guilty by reason of mental disease or defect of forcible sodomy, kidnapping and two counts of armed criminal action. He alleged that he is currently a patient at the Fulton State Hospital.
At the hearing Styles stated that he had been diagnosed as suffering from schizo-affective disorder but denied he was then suffering from this disease because he was in remission.
The State called Dr. Surjit Singh, a psychiatrist at the Fulton State Hospital, who was apparently Styles' treating physician. Dr. Singh testified that Styles was suffering from schizo-affective disorder which is in remission without medication and also polysubstance abuse and paranoid personality disorder and antisocial personality disorder. Dr. Singh was not questioned about whether or not Styles was suffering from any mental disease or defect at the time of hearing.
The court entered an order finding that Styles still presents a substantial likelihood of harm to others and denied the conditional release.
Section 552.040.9, RSMo 1991 Supp., provides that a person committed to a mental health facility may file an application for a determination of whether or not the person shall be released conditionally. Section 552.040.11 lists a number of factors which the court is to consider along with the relevant evidence in passing on the application for conditional release. That subsection places the burden of persuasion on the committed person who has been found not guilty of certain crimes because of mental disease or defect to prove by clear and convincing evidence that such person is not likely to be dangerous to others while on conditional release. The crimes enumerated include the crimes for which Styles had been tried and found not guilty by reason of mental disease or defect.
Section 552.040.9 impliedly recognizes that a person seeking conditional release is a person who is still suffering from a mental disease or defect. This is borne out by § 552.040.18 which provides that persons found not guilty of certain violent crimes because of mental disease or defect, including the crimes for which Styles had been tried, shall not be eligible for conditional release unless the court finds that such person is not now and is not likely in the reasonable future to commit another violent crime against another person because of mental illness.
Thus, underlying the procedure for conditional release from a mental health facility is the recognition that the person is suffering from a mental disease or defect and the question to be resolved is whether or not the person is likely to be dangerous to others by conditional release and whether or not such person is likely in the reasonable future to commit another...
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