EX PARTE STATE DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION

CR 92-1051.

619 So.2d 937 (1993)

Ex parte STATE DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION. In re STATE of Alabama v. Terry TURNER.

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 J. Leslie Doss, 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." Although this case involves defendant Terry Turner, the controlling principles of this case are identical to those in Ex parte State Department of Mental Health & Mental Retardation,

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