State ex rel. Hawley

This original proceeding in certiorari stemmed from George Fisher’s pleas of not guilty by reason of mental disease or defect (NGRI) in two separate cases, one originating in Audrain County and the other in Jackson County. Fisher filed a petition for a writ of habeas corpus challenging his commitment to the Department of Mental Health (DMH) and alleging that the NGRI pleas entered in both cases were deficient. The circuit court granted habeas relief, concluding that the NGRI pleas were deficient. The Supreme Court (1) declared moot the record granting habeas relief in one case given the prosecutor’s nolle prosequi filing in the underlying criminal case; and (2) quashed the record granting habeas relief in the other case, holding that the circuit court abused its discretion by granting relief on the theory that Fisher failed to sign the NGRI notice. View "State ex rel. Hawley" on Justia Law