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Preston v. State

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eBook details

  • Title: Preston v. State
  • Author : Supreme Court of Montana
  • Release Date : January 17, 2000
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 56 KB

Description

Allen Preston appeals the order of the circuit court dismissing without prejudice, for a lack of jurisdiction, his section 552.040 application for conditional release from the custody of the Missouri Department of Mental Health (DMH). He also appeals the dismissal of his oral application to remove and replace his guardian, which was made pursuant to section 475.082.5. On or about December 23, 1983, the appellant pled not guilty by reason of mental disease or defect excluding responsibility, pursuant to section 552.030, to burglary in the second degree and was committed to the custody of the DMH. On June 3, 1998, he filed his application for conditional release, which was dismissed by the trial court on June 9, 1999, for a lack of jurisdiction because the appellants legal guardian had not joined in the application.


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