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EX PARTE STATE DEPT. OF MENTAL RET.

CR 92-1050.

619 So.2d 934 (1993)

Ex parte STATE DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION. (In re STATE of Alabama v. John A. YARBROUGH.)

Court of Criminal Appeals of Alabama.

April 16, 1993.

Attorney(s) appearing for the Case

Nancy S. Jones, Tuscaloosa, for petitioner.

James H. Evans, Atty. Gen., Robert Burrell, Dist. Atty., and Sherman Powell, Jr., Decatur, for respondent.

BOWEN, Presiding Judge.

This is a petition for writ of mandamus filed in this Court by the Alabama Department of Mental Health and Mental Retardation seeking to compel the Circuit Court of Morgan County to rule on a "Notice of Proposal for Less Restrictive Treatment."

The facts are that in June of 1992, John Anthony Yarbrough was adjudicated not guilty by reason of insanity in Morgan County Circuit Court Case Number 89-772. He was committed to the custody...

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