Brumfield v. State
| Docket Number: | 2009-CA-00579-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 06-01-2010 Opinion Author: Maxwell, J. Holding: The judgment of the Circuit Court of Walthall County is vacated, and this case is remanded for further proceedings consistent with this opinion. |
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| Additional Case Information: |
Topic: Conditional release from state hospital - Section 99-13-7 - Section 41-21-88 Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee and Roberts, JJ. Non Participating Judge(s): Carlton, J. Procedural History: Bench Trial Nature of the Case: CIVIL - OTHER |
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| Trial Court: |
Date of Trial Judgment: 03-10-2009 Appealed from: WALTHALL COUNTY CIRCUIT COURT Judge: David H. Strong Disposition: PETITION FOR CONDITIONAL RELEASE DENIED Case Number: 2003-61-B |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Clark David Brumfield |
F. KAY HARDAGE, CAROL F. THWEATT |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL: STEPHANIE BRELAND WOOD | ||
Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Conditional release from state hospital - Section 99-13-7 - Section 41-21-88 |
| Summary of the Facts: | Clark Brumfield was found not guilty by reason of insanity of first-degree arson. The circuit court ordered Brumfield committed to the Mississippi State Hospital in Whitfield. Several years later, the state hospital, on Brumfield’s behalf, sought Brumfield’s conditional release. Following a hearing, the circuit court denied the state hospital’s request and ordered Brumfield to remain in Whitfield. Brumfield appeals. |
| Summary of Opinion Analysis: | Until recently, Mississippi had no statutory procedure for considering the release of a defendant confined to a psychiatric hospital after being found not guilty by reason of insanity but still a danger to the community. During the pendency of this appeal, the Mississippi Legislature amended section 99-13-7 to include such a procedure. In the same Act, the Legislature created a new statute to be codified as section 41-21-88, which states that “[a] person committed pursuant to [s]ection 99-13-7 shall not be released for any reason without order of the court having confined the person.” Here, the circuit court made no findings as to whether Brumfield had been restored to his sanity or was no longer dangerous. Rather, the court denied the state hospital’s petition for conditional release without explanation and ordered Brumfield to be retained at the state hospital. Under the framework adopted by our Legislature, the circuit court is required to conduct a hearing to make determinations in light of the new framework adopted by the Legislature. The Court’s opinion should not be construed as stating a position on the constitutionality of section 99-13-7, as amended, although upon remand, the parties may raise this issue. |
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